Resolution-ZA 2006-16a f
RESOLUTION NO. ZA2006-16
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2006-04693 BE GRANTED
(846 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for
certain real property situated in the City of Anaheim, County of Orange, State of California described as Lot
76 of Tract No. 2350.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City
of Anaheim on August 3, 2006 at 9:30 a.m., notice of said public hearing having been duly given as required
by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures",
to hear and consider evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Zoning Administrator, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the petitioner requests waivers of the following to construct a second story addition to an
existing single-family residence:
(a) SECTION NO. 18.04.100.010.0101
Minimum side vard setback
(5 feet required; 3_5 feet proposed)
(b) SECTION NO. 18.04.100.010.0101
Minimum rear vard setback
10 feet required; 3_5 feet proposed)
2. That waivers (a) and (b) pertaining to minimum side and rear yard setbacks are hereby
approved since there are special circumstances applicable to the property which apply to other properties
under the identical zoning classification in the vicinity and that strict application of the Zoning Code would
deprive the property of privileges enjoyed by other properties under the identical zoning classification in the
vicinity (a similar variance was granted for the property at 862 South State College Boulevard).
3. That the second story addition would not have windows on the south elevation, thereby
protecting the privacy of the adjacent residential property to the south.
4. That two residents indicated their presence at said public hearing in opposition, and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does
hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That all grading shall conform to requirements of Chapter 17.06 of the Anaheim Municipal
Code. A grading plan shall be submitted to the Public Works, Development Services Division for review and
approval. A grading public hearing is required for cut or fills exceeding 100 cubic yards.
VAR No. 2006-04693k1w.doc -1- ZA2006-16
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2. [Added at the public hearing] That no kitchen facilities shall be permitted in the proposed
second story room addition above the attached garage. Said information shall be specifically shown on
plans submitted for building permits.
3. [Added at the public hearing] That the proper building permits shall be obtained from the
Building Division of the Planning Services Department.
4. That the 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 fi{e with the Planning
Department marked Exhibit Nos. 1, 2, and 3, as conditioned herein.
5. That prior to issuance of a building permit, or within a period of one (1 }year from the date of
this resolution, whichever occurs first, Condition Nos. 1, 2, 3, and 4, above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with Code
Section No. 18.60.170 of the Anaheim Municipal Code.
6. 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.
BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of August
3, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the
Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal.
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DATE ANAHEIM ZONING ADMINISTRATOR
ATTEST:
SENIOR EC RY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
-2- ZA2006-16
I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the
foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on August
3, 2006.
N WITNESS WHEREOF, I have hereunto set my hand this $= day of
t , 2006.
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SR. S C ARY, ANAHEIM ZONING ADMINISTRATOR
-3- ZA2006-16