Resolution-ZA 2002-18' a S ~ /4
DECISION NO. ZA 2002-18
OWNERS:..
AGENT:
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO: 2002-04505
Gary Almas .and Joyce Almas
8056 Florence Avenue
Downey, CA 90240
R. James Nugent
9851 Corella Avenue
Whittier, CA 90603
LOCATION: 828 South Westem Avenue
CEQA STATUS: CEQA Categorical Exemption, 15
HEARING. DATE: May 30, 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 waivers of the following to construct four detached single family
homes in the RS-7200 (Residential, Single-Family) Zone:
(a) Sections 18.04.020.023 - .Minimum width of residential lots adiacenf to arterial hiahwavs.
18:12.060.080 120 feet required, as measured from adjacent arterial highways;
and 18.26.060 72 feet proposed adjacent to Western Avenue for Parcel No. 1)
(b) Sections 18.12.060.030 - Required orientation of residential lots adiacent to arterial hiahwavs.
and 18.26.065.01_0 (residential lots required o rearonto arterial highways;
Parcel No. 1 proposed to side onto Western Avenue)
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 waivers (a) and (b), minimum width of residential lots adjacent to arterial highways and
required orientation of residential lots adjacent to arterial highways, are hereby approved on the basis that
strict application of the Zoning Code would deprive the property of privileges enjoyed by otherresidential
properties under identical zoning classii•;cation in the. vicinity. because there are four similar corner lots
within 300 feet of~subject property (at the intersections of Western Avenue with Rome Avenue and with
- Teranimar Drive), which have similar depths as measured from Western Avenue and which side onto
Western Avenue.
2. That there is a special circumstance applicable to this property consisting of its bcation abutting
an arterial highway. (Westem Avenue) which does not apply to most other identically zoned properties in
-the neighborhood; and that, with the exception of the waivers which pertain only to Parcel No. 1, all four
proposed lots will comply with the applicable RS-7200 Zone standards; and that all four lots wilt be about
50% larger than required. in the RS-7200 zone (minimum 7,200 sq.ft. permitted, 10,757-10,944 sq.ft.
proposed).
Based on the evidence and testimony presented to me,1 do hereby determine to approve Variance No.
2002-04505; subject to the following conditions:
V2002-04505.doc -1. of 2 -
~Y.~ ~~~ 3,af3_s`~`~~ ,.'A~'~tw ~a~s,+~~Y~~ ~Y''.~"' v~ ~v' ?,~~('~t i1' ~x~-~a~-r~.~-r~`<:s i`~~i yr ~ ~ °~°`~: !'a'~,£t e ~' - r..~ ~.`Y ~ _- t
h'4". 5 /~i 75 O 2X_: Q ~ ~ £ SS st~h 1, S Yy~ - ~"~.. "nn h 1 _ .. r _
'a. ,* ~ _
t
Y
.
t.
.. .. :. ....., .. F - .
. .. ~ .. ..
.~. t.
1. That prior to issuance of a building permit for a house on Parcel No.1 (which adjoins Western ;' ~ j
Avenue) a six (6) foot high masonry block wall shall be constructed and maintained along the west
property line: abutting Western Avenue, excepting the front setback adjacent to Teranimar Drive
.where the wall height shalt not exceed three (3) feet; or that a bond in an amount and form
satisfactory to the City of Anaheim shall be posted with the City to guarantee installation of said wall
prior to final building inspection. Clinging vines to eliminate graffiti opportunities shall be planted on
maximum three~'(3) foot centers, irrigated and maintained, adjacent to said wall facing Western
Avenue; and ghat said information shall,be shown on the plans submitted for building permits.
f.
2. Proposed'Condition No. 2 was deleted of the May 30, 2002 public hearing because if was added to
the conditions approved in connection with Tentative Parcel Map No. 2002-132.
3. That a new sanitary. sewer, lateral shall be constructed for each house. All laterals shall connect to
the existing public sewer on Teranimar Drive, as required by the Public Works Department. The
existing-sewer laterals may be approved for use if they are in good condition.
4. Proposed Condition No. 4 is intentionally delefed because Council Policy No. 542 Is applicable to
residential development along Major and Primary Arterial. Highways; and Wesfern Avenue is
designated a Secondary Arterial Highway and is, therefore, not subject to said Policy.
5. That subject property shall be developed substantially in accordance with the plan (Tentative Parcel
Map No. 2002-132) submitted to the City of Anaheim by the petitioner and which plan is on file in the'
Planning Department marked Exhibit No. 1, and as conditioned herein.
6. That prior to issuance of the first building permit, Condition No. 8, herein-mentioned, shall be
complied with.
7. That approval of this application constitutes approval of the proposed request only to the extent that
is 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.
8. That approval of Variance No. 2002-04505 is contingent upon recordation of Final Parcel Map No.
2002-132, which was processed in conjunction with this variance; and that the property
owner/developer shall provide evidence to the Planning Department that the finial map has been
recorded with the office of the Orange Recorder. If a final map is not recorded and Tentative Parcel
Map. No. 2002-132 expires, this variance shall expire and thereafterbe deemed null and void.
This decision is made, signed, and. entered into the file this 6~' day of June, 2002.
Gs~ ~~~~
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 5 da s 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 Maif, a copy of the decision to the applicant and did forward
a copy to the CityCierk.
DATE: June 6, 2002
Pa ricia Koral, Sr. Word Proces or
Word Processing Operator
V2002-04505.doc - 2 of 2 - ~ ZA 2002-18