Resolution-ZA 2004-18
DECISION NO. ZA 2004-18
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO: 2004-04612
OWNER: Tuat M. Mai
1019 North Bristol Street
Santa Ana, CA 92703
AGENT: Alan Nguyen
15401 Firmona Avenue
Lawndale, CA 90260
LOCATION: 1040 North Kemg Street
HEARING DATE: June 24, 2004
OPPOSITION: One person spoke at the public hearing in opposition and with concerns regarding the
proposal including the parking; and that no correspondence was received in opposition.
REQUEST: Waiver of the following to construct a 3-unit, 2-story apartment building in the RM-1200
(Residential, Multiple-Family) Zone:
Sections 18.06.050.010.012.0121 - Minimum number of parking spaces.
18.12.060.110 9 s aces required;
and 18.34.066.010 8 spaces proposed in compliance with Code
standards, plus 6 tandem spaces)
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 herebyfind:
1. That a total of 14 parking spaces is proposed,consisting of 8 spaces (6 spaces in garages
and 2 guest spaces) and 6 tandem spaces, which are not permitted by Code in "connection with apartment
dwellings; that the 6 tandem spaces, which are in the driveways in front of 2-car garages attached to each
of the 3 apartment units, will be assigned to those units; and that the total number of spaces {14) which will
be available for parking exceeds the number of spaces required by Code (9); and that, therefore, this
specific proposal will not cause fewer off-street parking spaces to be providetl for the`3-unit apartment
complex than the number of such spaces necessary; and, further,'that the proposed'number of spaces will
adequately accommodate all the vehicles attributable to the apartment'use under the normal and reasonably
foreseeable conditions of operation of the tise.
2. That the parking variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity. of the proposed use.
3. That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon. adjacent private property in the immediate vicinity of the proposed use.
4. That the variance, under the conditions imposed, will not increase trafr•ic congestion within the
off-street parking areas provided for the proposed use.
5. That the variance, 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 proposed use.
Za2004-18.doc - 1 of 3 - ZA2004-1$
i •
6. That the City Traffic and Transportation Manager has reviewed the plans and the letter
submitted by the petitioner describing,the proposed parking for this apartment project, and recommends
approvalof this parking variance.
7. That granting this parking variance, under theconditionsimposed, will not be detrimental to
.the peace, health, safety or general welfare of the citizens of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposal for waiver of minimum number of parking spaces to construct a 3-unit, 2-story apartment
building in the RM-1200 (Residential, Multiple-Family) Zone on arectangularly-shaped 0.22-acre property
having a frontage of 71 feet on the east side of Kemp Street and a maximum depth of 134 feet, being
located approximately 520 feet north of the centerline of La Palma Avenue, and further described as 1040
North Kemp Street; and that the Planning Director's authorized representative has determined that the
- proposed project is Categorically Exempt, Class 3, under Section 15061(b)(3), of the State of California
Environmental Quality Act Guidelines.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. ,
subject to the following conditions:
1. That prior to issuance of abuilding permit, the petitioner shall submit a plan illustrating the' public
alley along the north property line and all the proposed parking spaces for the 3-unit apartment
building, including the following information. Theplan shall be submitted to the City Traffic and
Transportation Manager for review and approval, and a copy of the approved plan shall then be
submitted to the Planning Department.
(a} The plan shall show the garages, the tandem spaces in the driveways, the guest spaces, the
existing alley and the additional. dedication being required by the City along the south side of the
alley;
(b) The dimensions shall be specified for the depth and width of all the parking spaces (garage,
tandem and guest), the full width of the existing alley, and the additional dedication in order to
show that an adequate turning radius, in accordance with City of Anaheim standards, will be
provided for vehicles turning from the alley into and out of tfie tandem parking spaces in the
driveways; .and
(c) If it is necessary to modify the depth of the apartment building in order to provide an adequate
turning radius into the tandem parking spaces in the driveways, a revised site plan. illustrating
such modifications shall be submitted to the Planning Department for review and approval
2. (a) That the property owner shall dedicate additional right-of-way along the public alley as required
by the City of Anaheim Public Works Department; .and
(b) That prior to issuance of occupancy permits for this 3-unit apartment project, the necessary
improvements to widen the alley in accordance with the Public Works Department standards
shall be completed.
3. That the plans submitted far building permits shall specify that the six (6) proposed tandem parking
spaces in the driveways shall be assigned to the individual apartment units connected to the
garages; and that said tandem spaces shall thereafter be so-used and maintained..
4. .That subject property shah 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 Nos. 1, 2 and 3, and as conditioned herein.
Za2004-18.doc - 2 of 3 - ZA2004-18
•
•
5 That prior to issuance of a building permit or within a period of one (1) year from the date of this
decision, whichever occurs first, Condition Nos. 1, 2(a) and 3 ,above-mentioned, shall be complied
with:. Extensions for further time to complete said conditions maybe 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.
6. That approval of this application constitutes approval of the proposed request only to the extenf 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 1 St day of July, 2004.
Annika M. Santalahti, oning 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 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: ' 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.
~~~ ~~~ ~~5~^~
DATE: -July 1, 2004
Danielle C. Masciel, Word. Processing Operator
Za2004-18.doc - 3 of 3 - ZA2004-18