Resolution-ZA 2005-36
DECISION NO. ZA 2005-36
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2005-04674
OWNER: Anaheim Housing Authority
201 S. Anaheim Blvd.
Anaheim, CA 92805
AGENT: Related Company
18201 Von Karman Avenue
Suite 900
Irvine, CA 92612
Attention: Colby Northridge
LOCATION: 1550 South Ninth Street. 1513. 1525. 1543 1614. 1620, and 1630 South Hampstead
Street, 1329 West Lynne Street, 1220 West Cerritos Street, and 1624 and 1630 South
Calle Del Sol. The subject 11 properties, which have a combined area of approximately
3 acres, are located within the "Jeffrey Lynne Phase Three Rehabilitation Project" area
which is bounded by Cerritos Avenue on the north, Walnut Street on the east, Audre
Drive on the south, and Ninth Street on the west.
CEQA STATUS: CEQA Categorical Exemption, Class 1
HEARING DATE: December 22, 2005
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 new decks, porches, bedroom additions, balconies,
facade refurbishment and trash enclosures, and to convert garages to laundry rooms in
conjunction with the "Jeffrey Lynne Phase Three Housing Revitalization Project" in the
RM-4 (Multiple-Family Residential) Zone.
(a) Sections 18.06.090.010.0101 - Minimum front yard setback.
and 18.74.040.020.0205 (20 feet required to the ultimate rights-of-way along collector
streets and secondary arterial highways;
12 to 17'/ feet proposed on two lots: Parcel "A" abutting Ninth
Street and Cerritos Avenue, and Parcel "I" abutting Cerritos
Avenue)
(b) Sections 18.42.030.020 - Minimum number, type and design of off-street parking spaces.
and 18.74.040.020.0213 (99 spaces required for 11 lots: Parcels "A" through "K";
85 spaces existing and proposed)
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
variance and a public hearing been duly noticed for and held on the date set forth above, I do hereby find,
pursuant to Section 18.74.060 (Findings) of the Anaheim Municipal Code:
1. That waiver (a), minimum front yard setback, is hereby granted on the basis that there are
special circumstances applicable to the buildings on Parcels "A" and "I" pertaining to existing building
placement and physical constraints of the area including layout and density, which do not apply to other
identically zoned properties in the surrounding integrated apartment neighborhood; and that increasing
the amount of private outdoor space for apartment units will improve existing conditions which include
h:~ZAdec2005-36VAR.doc - 1 of 4 - ZA 2005-36
i
substandard amounts of open space, high crime rate, lack of recreational-leisure space, and severely
dilapidated condition of existing yards and buildings.
2 That strict application of the Zoning Code would deprive the subject parcels of privileges
enjoyed by other properties under identical zoning classification in the vicinity, most of which are
developed with buildings which front on private instead of public streets, where front setbacks may be
shallower.
3. That waiver (b), minimum number, type and design of off-street parking spaces, under the
conditions imposed, is hereby granted on the basis that said waiver will not cause fewer off-street parking
spaces to be provided for this apartment neighborhood than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of the use because the reconfiguration of parking spaces within the integrated
apartment neighborhood, as part of Phases One and Two, will compensate for the additional parking
spaces required in Phase Three as a result of 1-bedroom units being converted to 2-bedroom or larger
units; and that the functionality of parking spaces will be enhanced in connection with the refurbishment of
the neighborhood as discussed in the Staff Report to the Zoning Administrator dated December 22, 2005,
Item No. 3.
4. That the parking waiver, 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.
5 That the recent abandonment and closure of two streets within this apartment neighborhood
has allowed for additional open parking spaces in the center of the neighborhood; that Community
Development Department staff have negotiated with Southern California Edison Co. officials to lease a
portion of the utility easement on the south side of Calle De Las Estrellas to acquire additional parking
spaces; and that the property managers/owners have control over any potential overcrowding of units and
the allocation of parking spaces for the tenants for all the "participating" properties within this
neighborhood; and that, therefore, the requested parking waiver is not anticipated to increase the demand
and competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
6. That the parking waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for the proposed use.
7. That the parking waiver, 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.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2005-04674, subject to the following conditions:
1. That prior to issuance of a building permit for 1500 South Ninth Street (Parcel "A") or within a period of
one (1) year from the date of this decision, whichever occurs first, the legal property owner shall
irrevocably offer to dedicate to the City of Anaheim an easement thirty-two (32) feet in width from the
centerline of Ninth Street, including a corner cut-off, for road, public utilities and other public purposes.
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.
2. Proposed Condition No. 2 was intentionally deleted at the Zoning Administrator public hearing.
3. That all air conditioning facilities and other roof and ground mounted mechanical equipment shall be
properly shielded from view from adjacent residential properties and public rights-of-way. Such
information shall be specifically shown on the plans submitted for building permits.
h:~ZAdec2005-36VAR.doc - 2 of 4 - ZA 2005-36
•
4. That trash storage areas shall be provided and maintained in locations acceptable to the Public Works
Department, Streets and Sanitation Division, and in accordance with approved plans on file with said
Department. An on-site trash truck turnaround shall also be required. Said information shall be
specifically shown on the plans submitted for building permits.
5. That a plan sheet for solid waste storage and collection, and a plan for recycling, shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval.
6. That all requests for new water services or fire lanes, as well as any modifications, relocations or
abandonment of existing water services or fire lanes, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
7. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded for continued use, if necessary, or abandoned if the existing service is no longer needed.
The property owner/developer shall be responsible for the cost to upgrade, or to abandon, any water
service or fire line.
8. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water
Engineering Division) an easement, twenty (20} feet in width, for water service mains and/or an
easement for large meters and other public water facilities.
9. That all exterior doors shall have adequate security hardware (e.g., deadbolt locks), as recommended
by the Anaheim Police Department.
10. That the laundry room doors shall have view panels installed in the door to increase visibility, as
recommended by the Anaheim Police Department.
11. That 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 Exhibit No. 1 (neighborhood site plan), Exhibit No. 2 (site pans for Parcels "A"
through "K"), Exhibit Nos. 3, 4 and 5 (Parcel "A), Exhibit Nos. 6, 7 and 8 (Parcels "B" and "C"), Exhibit
Nos. 9, 10 and 11 (Parcel "G"), Exhibit Nos. 12, 13, 14 and 15 (Parcel "H"), Exhibit Nos. 16, 17 and 18
(Parcel "I"), Exhibit Nos. 19, 20 and 21 (Parcels "E" and "F"), Exhibit Nos. 22, 23 and 24 (Parcel "D")
and Exhibit Nos. 25, 26, 27 and 28 (Parcels "J" and "K"); and as conditioned herein.
12. That prior to the issuance of a building permit for each building on Parcels "A" through "I" or within a
period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 3, 4, 5, 6, 7
and 8, 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.
13. That prior to the issuance of an occupancy permit or final building and zoning inspections, whichever
occurs first, Condition Nos. 9, 10 and 11, above-mentioned, shall be complied with.
14. 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 28th day of December 2005.
Annika M. Santalahti, Zoning Administrator
h:~ZAdec2005-36VAR.doc - 3 of 4 - ZA 2005-36
•
•
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 fifteen (15 da s of the date of the signing of this
decision or unless members of the City Council shall request to review this decision within twelve (12)
from the date of signing.
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.
MAILING DATE: December 28, 2005
G~-' ~~Q~~.~.vt ~el,
Pat Chandler, Senior Secretary ~Q, _/
h:1ZAdec2005-36VAR.doc - 4 of 4 - ZA 2005-36