Resolution-ZA 2005-08• •
DECISION NO. ZA 2005-8
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING MISCELLANEOUS PERMIT NO. 2005-00100
REQUESTED BY: Jose De Jesus Pena
383 South Olive Street
Orange, CA 92866
OWNER: Roberto Zaragoza
305 East Water Street
Anaheim, CA 92805
LOCATION: 305 East Water Street: Property consisting of 5,472 sq.ft. with a frontage of 48
feet on the north side of Water Street and a depth of 114 feet, and being located
271 feet west of the centerline of Olive Street.
CEQA STATUS: Categorically Exempt, Class 1
OPPOSITION: No one indicated their presence at the public meeting in opposition to the
proposal and no correspondence was received in opposition.
REQUEST: To expand an existing single-family home with a nonconforming side yard setback
(4 feet, 7 inches from the east property line) and rear yard setback (5 feet, 9 inches
from the north property line) in the RS-3 (Single-Family Residential) zone under
authority of Section 18.56.040.010.0101 pertaining to expanding residential
structures with nonconforming setbacks.
DETERMINATION OF THE ZONING ADMINISTRATOR
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
Miscellaneous Permit, and subject proposal having been scheduled for consideration at a regular
public meeting of the Zoning Administrator, I do hereby find, pursuant to Sections 18.60.020.040
(Modifications Related to Nonconformities) and 18.62.040.060 (Findings) of the Anaheim Municipal
Code:
1. That the new construction complies with the minimum required setbacks for the underlying
zone; that the proposed expansion will bring the existing 622 sq.ft. dwelling into compliance with
Zoning Code provisions by increasing the livable floor area to 1,450 sq.ft. (minimum 1,225 sq.ft.
required in the RS-3 zone) and by providing a 2- car garage with 2 tandem parking spaces in the
driveway (as required for single-family dwellings); and that the proposed expansion will enhance the
residential use of the property and, therefore, will not produce a result that is out of character or
detrimental to the surrounding single-family residential neighborhood.
2. That the requested expansion is consistent with the purposes and intent of the Zoning Code.
3. That the proposed expansion does not conflict with the provisions of the California Building
Standards Code or other codes, as adopted by the City of Anaheim.
Based on the evidence presented to me, I do hereby determine to approve Miscellaneous Permit No.
2005-00100, subject to the following conditions:
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1. That subject property shall be developed substantially in accordance with the plans submitted to
the City of Anaheim by the petitioner and which plans are on file with the Planning Department
marked Exhibit Nos. 1 (site plan and floor plan) and 2 (building elevations).
2. That within a period of one (1) year from the date of this Decision, the appropriate permits shall be
obtained from the Building Division for the proposed expansion. Extensions for further time to
complete this condition may be granted in accordance with Section 18.60.170 (Extension of Time
to Comply with Conditions of Approval) of the Anaheim Municipal Code.
3. That approval of this application constitutes approval of the 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 5th day of May, 2005.
Annika M. Santalahti Zonin Administrator
9
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 12 days
after the signing of this decision.
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 State Mail, a copy of the decision to the applicant and did
forward a copy to the City Clerk.
DATED: ~i~ ~l 1~-~ ~ L ~ \ ~' ~ C (e~
Danielle C. Masciel, Word Processing Operator ~ C( ,~---_
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