Resolution-ZA 2004-30
DECISION NO. ZA 2004-30
•
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.2004-04625
OWNER: Loan Nguyen
2350 West 5t" Street
- Santa Ana, CA 92703
LOCATION: 1669 West Cerritos Avenue
HEARING DATE: September 2, 2004
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence was received in opposition.
REQUEST: Waiver of the following to construct two new detached single-family homes and retain
one existing single family home in conjunction with a 3-lot single-family residential
subdivision in the RS-2 (Single Family Residential) Zone:
Sections 18.74.040.020.0209 - Required lot frontage on a public or private street.
and 18.92.150 (Frontage on a public or private street or alley
required;
private driveway access easement proposed)
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code
Section 18.60.020 (Establishment of Zoning Administrator Position), 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 because of the existing development pattern in the area
as well as a similar variance having been granted in the vicinity.
2. That there is a special circumstance applicable to the property consisting of the depth of the lot
(configuration) that precludes any possibility. of providing the Code-required lot frontages without a waiver.
3. That this 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 waiver of required lot frontage on a public or private street to construct two new detached
single-family homes and retain orie existing single family home in conjunction with a 3-lot single-family
residential subdivision in the RS-2 (Single Family Residential) Zone on arectangularly-shaped 0.8-acre
property having a frontage of 114 feet on the north side of Cerritos Avenue and a maximum depth of 302
feet, being located 346 feet east of the centerline of Euclid Street, and further described as 1669 West
Cerritos Avenue; 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.
2004-04625, subject to the following conditions:
1. That approval of this variance is granted subject to approval of Tentative Parcel Map No. 2004-167,
now pending, including compliance with the conditions of approval therein.
ZA2004-30.doc - 1 of 3 - ZA2004-30
• •
2. That prior to issuance of a building permit, a revised site plan shall be submitted to the Planning
Department for review and approval indicating that the new residences on Parcels 2 and 3 will
comply with. all applicable development standards of the RS-2 (Single-Family Residential) Zone.
3. That trash storage area(s) 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.
4. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department for review and approval.
5. That an on-site trash truck turnaround for access for trash barrel collection is required for sanitation
service, as required and approved by the Public Works Department, Streets and Sanitation Division.
6. .Proposed Condition No. 6 was intentionally deleted at the September 2, 2004 public hearing.
7. That no required parking area shall be fenced in or otherwise enclosed for storage or other outdoor
use.
8. That prior to commencement of structural framing, fire hydrants shall be installed and charged as
required and approved by the Fire Department.
9. That an all-weather access road as approved by the Fire Department shall be provided during
construction.
10. That fire hydrants shall meet minimum Fire Department Specifications and Requirements for
spacing, distance to structure and available fire flow.
11. That emergency vehicular access shall be provided and maintained in accordance with Fire
Department Specifications and Requirements.
12. That the subject properties shall be served with underground utilities in accordance with the
Electrical Rates, Rules and Regulations, and the City of Anaheim Underground Policy.
13. That any required relocation of city electrical facilities shall be at the developer's expense.
14. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plan is on file with the Planning
Department marked Exhibit No. 1, as conditioned herein and including that the minimum front
setback for the new homes on Parcel Nos. 2 and 3 shall be twenty five (25) feet as measured from
the nearest edge of the private driveway easement providing access to said homes.
15. That prior to commencement of the activity authorized by this decision or prior to issuance of a
building permit, whichever occurs first, Condition Nos. 2, 3, 4, 5 and 14, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.60.170 (Extension of Time to Comply with Conditions of Approval) of
the Anaheim Municipal Code.
16. That prior to final building and zoning inspections, Condition Nos. 10, 11 and 12, above-mentioned,
sha11 be complied with.
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.
ZA2004-30.doc - 2 of 3 - ZA2004-30
•
•
This decision is made, signed, and entered. into the file this 9th day of September, 2004.
~~~
A nika M. Santalahti, Zoning dministrator
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: September 9, 2004
Danielle C. Masciel, Word Processing Operator
ZA2004-30.doc - 3 of 3 - ZA2004-30