Resolution-ZA 2002-33....:
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. "DECISION NO. TA 2002=33 :~.
A DECISION OF THE ZONING ADMINi$TRATOR
. APPROVING VARIANCE NO.2002-04529
~ OWNERS:. Ronald E. Brown and Dennis Iliingworth
1198 Pacific Coast Highway, #253 . .
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'Seal Beach~~CA 90740 ,:.._ ...:. _, ... ,..... .
AGENT: James Brennan
791.South Orange:Street `
Orange; CA 92866
LOCATION: 2973 Wesf Rome Avenue.
CEQA STATUS: CEQA Categorical Exemption, Class 3
HEARING"DA7E : October 3, 2002.
OPPOSITION: Eight people indicated their presence at the public hearing in opposition to constructing
` a cul-de-sac on Rome Avenue at Beach Boulevard; and a petition wi#h four signatures
. " was submitted in opposition to constructing a cul-de-sac on.Rome Avenue at Beach
Boulevard.
REQUEST: Petitioner requests.waivers of the following to establish a 2-lot single-family residential
subdivision, which includes retention of an existing single-family home and the future
construction of a new single-family home, in the RS-7200 (Residential, Single-Pamily)
Zone:
(a) Section 18.04.023 - Minimum lot depth adiacent to an arterial highway.
120 fee required for residential lots adjacent to major arterial highways;
40-92 feet proposed for Parcel 1 adjacent to Beach Boulevard)
(b) Section 18.26.065.010 Orientation of residential structures adjacent to an arterial hiahway.
rear-on orientation required along major arterial highways;
dwelling on Parcel 1 proposed to side-on Beach Boulevard)
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, l~ do hereby find:
1. That waiver (a), minimum lot depth adjacent to an arterial highway, is hereby approved on the
basis that there are special circumstances applicable to the property~consisting of lot configuration,.
location and shape which do not apply to other identically zoned properties in the vicinity; and that strict
application of the Zoning Code would deprive the property of privileges enjoyed. by other~roperties under
identical zoning classification in the vicinity because the characteristics of the proposed subdivision to
establish two new single-family lots are compatible with the lot sizes and configurations of other properties
in the immediate neighborhood, including the property directly across Rome Avenue to the south, which lot
has a similar lot size, shape and house orientation; and that the two proposed tots will comply with all
other RS-7200 development standards including setbacks, lot area and lot width.
2. That waiver (b), orientation of residential structures adjacent to an arterial highway, is:hereby
. approved on the basis that. strict application of the Zoning Code would deprive the property of privileges
~. enjoyed by other .properties under identical zoning classification in the vicinity because the existing
property, and .the'property directly~across Rome Avenue to.the south were developed with similar
residential uses siding onto; Beach Boulevard; and that prior to.appcoval of a building permit fora dwelling
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on proposed Parcel 1, a noise Iavel anarysis will 6e prepared n.accordance with Council Policy No: 542
(Sound Attenuation in Residential Projects) to address any adverse:noise impacts from Beach Boulevard
and to identify the measures which will be taken to mitigate such.adverse impacts,,inctuding asound
barrier (wail} capable of reducing the sound of motorvehicles to an acceptable level out-of-doors and
other measures such as double windows'.and/or wall and ceiling insulation to limit noise inside the new
dwelling.
3.. That the :opposition present at the public hearing regarding this proposal concerned the
-- possible construction of~a partial or.full cul-de-sac on F2oiiMe Avenue at Beach;BouleVard,,and/orthe . ~--
possible partial or full closure of Rome Avenue at Beach Boulevard; and that ttie proposal .before the
Zoning Administrator did not include any conclusions or: decisions. regarding such improvements nor does
the Zoning Administrator have'any authority regarding such improvements; and that;the authority
regarding such improvements lies elsewhere in. the City of Anaheim, and. if such cul-de-sac and/or closure
: (partial or full) is, proposed; it wilC be considered in accordance with the appropriate City of Anaheim codes
and .policies. . .
Based on the. evidence.and testimony presented. to me; I do hereby determine to approve Variance No.
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2002-04529, subject to he following conditions:
1. That as required by.the Urban Forestry .Division of the Community Services Department, street trees
shall be installed by the property owner within the public rights-of--way adjacent to Beach Boulevard
and Rome Avenue. The size -and number of trees shall be provided to the satisfaction of the Urban
Forestry Division. Said information shall be shown on the plans submitted for building permits.
2. That any hew construction on the property sha[I be provided with underground utilities in accordance
with the Electrical Rates, Rules and Regulations, and the Cityof Anaheim Underground Policy.
3. That any necessary relocation of existing electrical facilities shall beat the expense of the developer
4: That (rash storage areas} shall be provided and maintained in location(s) acceptable to the Public
. .Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said information shall be shown on the plans submitted for building permits.
5. That the existing six (6) inch water main shall be relocated in accordance with the requirements of
the Utilities Department, Wafer Engineering Division. Said information.shali be shown on the plans
submitted for building permits.
6. That the 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 F~chibit No. 1, and as conditioned herein:
7. That prior to issuance of a building permit or within a period of two (2) years from the date of this
decision, whichever occurs first, Condition Nos. 1, 2, 4, 5, 10, 11, 12, 13(a),13(c), 14 and 15,
herein-mentioned, shalt 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.
8. That prior to final building and zoning inspections, Condition Nos. 6 and 13(b), herein-mentioned,
shall be complied with.
9. 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 approva! of the
request regarding any other applicable ordinance, regulation or requirement.
10.. That. if required by.the Public Works Department, the property owner shall make an irrevocable offer of
~. dedication for: the Rome Avenue cul=de-sac configuration illustrated on Fachibit No. 1. ~ -
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11: That the plans ubmitted.for building permits toconstruct asingle-family detached dwelling on Parcel .
1 (the westerly parcel siding on: Beach: Boulevard) shall show.that in connection with the off-street
parking spaces required, under Section 18.06.050 of the Anaheim Municipal, at least four (4) on-site
open spaces shall be provided in addition to the required spaces in a garage.. The two (2) additional '
open spaces are due to the possibte`oul=de-sac frontagepf Parcel 1 which will effectively reduce or~
eliminate the availability of on-street parking in front of Parcel 1.
;12. That the plans submitted for building permits to'construct a single-family.detached dwelling on Parcel
i 1shall show that a minirimum ten (10) `foot setback sha[l~be.maintained between the west property line'~~ ~ '
(along Beach BouleVard)`and the single. family home. Said 10=foot setback shall not apply to any
~ garages or other non-habitable accessory:buildings:
.~ 13. (a) ~ . That the plans submitted, to the Building Division for asingle-family detached dwelling on Parcel 1
shallcorriply with City Council.Policy No. 542 "Sound Attenuation in Residential Projects"; ~ and .
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~ (b) That file required sound barrierlwall along Beach Boulevard shall be completed prior to issuance
of:a certificate of., occupancy; and
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` (c) That vines oc tall shrubbery; including the provision ~f appropriate irrigation facilities; shall be
planted on the wesf (Beach Boulevard) side of the sound wall to discourage graffiti; and that said
sound wall and landscaping shall be shown on the plans submitted for building permits, and shall
be maintained thereafter.. in a healthy condition.. The, specific vines or shrubbery arid the size and
'spacing of the plants. shall be subject to Zoning Division review and approval:
~. 14. That if the cial-de-sac improvement illustrated on Exhibit No.1 is not approved priorto submittal, of plans
i - for building permits 'on Parcel 1, a modified sife plan shall be submitted to the Zoning. Division and the
Public Works Department for review and approval showing the modified parcel map conftguration.
15. That Final Parcel Map No. 2002-128 shall be recorded in the Office of the Orange County Recorder..
This decision is made; signed, and entered into the file this 10~' day of October 2002.
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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 tiled 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: t 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: October 10, 2002 y~ L '~ ~
C Gt/i~"~ Gil, ~. ~}
Patricia Koraf, Senior Word Processing Operato
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