Resolution-ZA 2003-49
DECISION NO. ZA 2003-49
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2003-04578
OWNERS: Quinton Sumabat
850 North West Street
Anaheim, CA 92805
Tinh V. Nguyen
1790 East Banyan Avenue
Anaheim, CA 92805
AGENT: Duane Stout
1316 Candlewood Street
Anaheim, CA 92805
LOCATION: 838 and 850 North West Street
HEARING DATE: December 11, 2003, continued from October 30, 2003
OPPOSITION: Three people indicated their presence at the public hearing in opposition to the proposal,
and no correspondence in opposition was received.
REQUEST: Waivers of the following to establish a 4-lot single-family residential subdivision in the RS-
10,000 (Residential, Single-Family) Zone in order to construct two detached single family
homes and retain two existing single family homes:
(a) Sections 18.01.130 - Required lot frontage on a public or private street.
and 18.12.060.075 (Street frontage required;
No street frontage proposed for Parcel 4 (access provided by a
private driveway easement))
(b) Sections 18.12.060.080 - Minimum lot width.
and 18.25.061.020 90 feet required;
10 feet proposed for Parcel 2 (a panhandle 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 duly
noticed for and held on the date set forth above, I do hereby find:
1. That strict application of the Zoning Code would deprive this property of privileges enjoyed by other
properties with identical zoning classification in the vicinity as indicated by the existing development pattern within
the area and because two similar variances having been granted in the vicinity as discussed in paragraph (10) of
the Staff Report to the Zoning Administrator dated December 11, 2003.
2. That there are special circumstances applicable to the property consisting of the legal non-
conforming width of the existing parcels (72 feet each) and the depth of the lots (configuration) that preclude any
possibility providing the Code required lot widths or lot frontages.
That the proposal is compatible with the character and density of the surrounding neighborhood.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal for waivers of required lot frontage on a public or private street and minimum lot
width to establish a 4-lot single-family residential subdivision in the RS-10,000 (Residential, Single-
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Family) Zone in order to construct two detached single family homes and retain two existing single family
homes on arectangularly-shaped 0.97-acre area consisting of two separate parcels, having a combined
frontage of 144 feet on the east side of West Street and a depth of 296 feet, being located 210 feet north
of the centerline of Karen Place, and further described as 838 and 850 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 approve Variance No.
2003-04578, subject to the following conditions:
That approval of this Variance is granted specifically for the subdivision shown on Tentative Parcel
Map No. 2003-161, now pending; and that this Variance shall terminate if the Final Map is not
approved and recorded.
2. Proposed Condition No. 2 (pertaining to demolition or relocation of the existing garage on Parcel 3)
has been replaced with Condition No. 13 in Tentative Parcel Map No. 2003-161.
That trash storage area(s) shall be provided for the four proposed parcels 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. For proposed Parcels 2 and 4, said
information shall be shown on the plans submitted for building permits.
That a plan sheet for solid waste storage, collection and a plan for recycling shad be submitted to
the Public Works Department for review and approval.
That an on-site turnaround for trash trucks shall be provided for barrel collection, or such other
sanitation service shall be provided as determined to be appropriate by the Streets and Sanitation
Division.
6. That any new required garage shall be provided with roll-up garage doors; and that said
information shall be shown on the plans submitted for building permits.
7. That no required open parking area shall be fenced in or otherwise enclosed for storage or other
outdoor use.
8. That prior to commencement of structural framing of the new houses on Parcels 2 and 4, fire
hydrants shall be installed and charged, as required and approved by the Fire Department.
9. That an all-weather access road shall be provided to Parcels 2 and 4 during construction of the new
houses as required and approved by the Fire Department.
10. That fire hydrants shall meet minimum Fire Department Specifications and Requirements for
spacing, distance to structures, and available fire flow.
11. That emergency vehicle access shall be provided and maintained in accordance with Fire
Department Specifications and Requirements.
12. That the subject parcels shall be served with underground utilities in accordance with the Electrical
Rates, Rules and Regulations and with the City of Anaheim underground policy.
13. That any required relocation of City electrical facilities shall be at the developer's expense.
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14. Proposed Condition No. 14 (pertaining to maximum permitted building height within a 40 to 50 foot
setback from the east property line) has been replaced with Condition No. 14 in Tentative Parcel
Map No. 2003-161.
15. That subject property shall be subdivided 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 No. 1.
16. That prior to issuance of a building permit for construction of asingle-family dwelling unit on Parcel
2 and/or 4, or within a period of two (2) years from the date of this decision, whichever occurs first,
Condition Nos. 3, 4, 5, 6, 9, 10, 11 and 17, herein-mentioned, shall be complied with. Extensions
for further time to complete said conditions may be granted in accordance with Section 18.03.090
(Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and
Administrative Adjustments) of the Anaheim Municipal Code.
17. That prior to commencement of construction of single-family residence(s) on Parcel 2 and/or 4, a
new six (6) foot high solid fence or block wall shall be constructed along the east (rear) property line
of the parcel(s) on which the new house(s) is proposed. Said fence (or wall) shall be specifically
shown on the plans submitted for building permits. The fence or wall shall be measured from the
highest finished adjacent grade that is established by any grading, including a retaining wall if
necessary, to provide adequate drainage for Parcels 2 and 4. Additionally, as a result of the
proposed subdivision (i.e., Parcel Map No. 2003-161) Lot No. 9 of Tract No. 1404 (845 North Lenz
Drive} will abut both proposed Parcels 2 and 4 (as shown on approved Exhibit No. 1, Revision No.
1) and, therefore, the design, material and color of the fence (or wall) along the shared property line
shall match unless the property owner of said Lot No. 9 agrees to the portions of the fence (or wall)
on Parcels 2 and 4 being a different design, material and/or color.
18. 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 18th day of December, 2003.
_ ~
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 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 Clerk.
DATE: December 18, 2003
ielle C. Mas ~ , Wo Processing Operator
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