Resolution-ZA 2006-35•
RESOLUTION NO. ZA2006-35
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2006-04710 BE GRANTED
(461 SOUTH MOHLER DRIVE)
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:
A PARCEL OF LAND SITUATED IN SECTION 6 TOWNSHIP 4 SOUTH, RANGE 8 WEST, SAN
BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EASTERLY LINE OF THE AREA AS SHOWN ON A LICENSED
SURVEYOR'S MAP RECORDED FT BOOK 11, PAGE(S) 39 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, NORTH 13° 38' WEST 441,40
FEET FROM THE MOST EASTERLY CORNER OF SAID AREA: THENCE NORTH 13° 38' WEST
930.27 FEET ALONG SAID EAST LINE; THENCE SOUTH 68° 07' 30"WEST TO THE INTERSECTION
WITH THE CENTER LINE OF THE 40 FOOT ROAD, AS SHOWN ON SHEET 3 OF A LICENSED
SURVEYOR'S MAP RECORDED IN BOOK 14, PAGE(S). 2,3 AND 4, RECORD OF SURVEY, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, AND AS SHOWN IN A MAP OF
SURVEY RECORDED IN BOOK 14, PAGE(S) 13, OF RECORD OF SURVEYS, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, THENCE CONTINUING SOUTH 68° 07' 30"
WEST TO A POINT ON A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 50.00 FEET,
SAID POINT BEING ON THE EASTERLY LINE OF RESERVOIR LOT N0.3 AS SHOWN ON A
LICENSED SURVEYOR'S MAP RECORDED IN BOOK 13, PAGE(S) 46, RECORD OF SURVEY, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, AND ON A RADIAL LINE
BEARING SOUTH 78° 29' EAST; THENCE SOUTHWESTERLY THROUGH AN ANGLE OF 90° 78. 54"
FEET TO A LINE TANGENT; THENCE NORTH 78° 29' WEST 89.00 FEET TO A CURVE TANGENT,
CONCAVE TO THE NORTH HAVING A RADIUS OF 50.00 FEET; THENCE WESTERLY ALONG SAID
CURVE THROUGH AN ANGLE OF 26° 27' 33.08 FEET; THENCE SOUTH 13° 56' 00"WEST, ALONG
THE WESTERLY LINE OF THE LAND CONVEYED TO DAVID D. PATERSON BY DEED RECORDED
MAY 19, 1960 IN BOOK 5251, PAGE(S) 396, OF OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY, 323.17 FEET TO AN ANGLE POINT IN SAID
LINE; THENCE SOUTH 45° 09' 00" EAST, ALONG SAID WESTERLY LINE 200.00 FEET TO THE
TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND DESCRIBED HEREIN; THENCE
CONTINUING ALONG SAID WESTERLY LINE SOUTH 45° 09' 00° EAST 110.00 FEET; THENCE
NORTH 42° 39' 21" EAST TO THE CENTER LINE OF THE 40.00 FOOT ROAD HEREIN BEFORE
REFERRED TO; THENCE NORTHWESTERLY ALONG SAID CENTER LINE TO AN INTERSECTION
WITH A LINE WITH BEARS NORTH 44° 13' 56" EAST FROM THE TRUE POINT OF BEGINNING:
THENCE SOUTH 44° 13' 54"WEST TO THE TRUE POINT OF BEGINNING.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City
of Anaheim on December 7, 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:
VAR No. 2006-04710.doc -1- ZA2006-35
•
That the applicant proposes waiver of the following to expand an existing single-family
residence:
SECTION NO. 18.04.100.010.0101 Minimum side vard setback
(15 feet required; 6_5 feet proposed)
2. That the requested waiver pertaining to minimum side yard setback is hereby approved
since there are special circumstances applicable to the property because there are no other viable areas on
the property to construct a new addition, including a 2-car garage, other than the location of the subject
addition.
3. That strict application of the Zoning Code would deprive the property of privileges enjoyed by
other properties with identical zoning in the vicinity since two other side yard setback waivers have been
granted in the neighborhood.
4. That the side yard setback deviation request would be negligible and no adjacent neighbors
would be negatively affected by the proposed encroachment since neighboring houses are not located in
close proximity to the subject house expansion.
5. That nobody indicated their presence at said public hearing in opposition, and that two
neighbors spoke in favor of the subject waiver request.
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 CEOA 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.
2. 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 file with the Planning
Department marked Exhibit Nos 1 - 4, as conditioned herein.
3. That all proposed retaining walls shall comply with Anaheim Municipal Code Section
18.46.110.130 pertaining to the height of solid retaining walls visible to public rights-of-way. Said information
shall be specifically shown on plans submitted for building permits.
4. 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 and 2, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Code Section No.
18.03.090 of the Anaheim Municipal Code.
5. 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.
-2- ZA2006-35
• •
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
December 7, 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.
~~l ~1~ w~
DATE ANAHEIM ZONING ADMINISTRATOR
ATT T:
S NI R S RY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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
December 7, 2006.
'~ IN WITNESS WHEREOF, I have hereunto set my hand this ~~~~ day of
2006. ~ ,
SR. S CRETARY, ANAHEIM ZONING ADMINISTRATOR
-3- ZA2006-35
•
December 7, 2006
LLA Associates, LLC
4726 Loma Vista Ave
Vernon, CA 90058
•
Following is an excerpt from the minutes of the Anaheim Zoning Administrator meeting of December 7,
2006.
a. CEQA CATEGORICAL EXEMPTION -CLASS 15
b. TENTATIVE PARCEL MAP NO. 2006-279
OWNER: Lonesome Cove, LLC
806 E. Avenida Pico
San Clemente, CA 92673
AGENT: Joseph Truxaw and Associates
265 S. Anita Drive, Suite 111
Orange, CA 92868
LOCATION: 1721-1759 Claudina Wav: This irregularly-shaped 2.26-acre property is located on
the northwest corner of Anaheim Way and Claudina Way with a frontage of 325 feet
on the north side of Anaheim Way, 384 feet on the west side of Claudina Way.
Tentative Parcel Man No. 2006-279 -The applicant requests to establish a 1-lot, 30-unit airspace
condominium subdivision to subdivide an existing industrial building in the I (Industrial) Zone.
ACTION: The Anaheim Zoning Administrator has reviewed the proposal to establish a 1-lot, 30-unit
airspace condominium industrial condominium subdivision for an existing industrial complex and does
hereby approve a CEQA Categorical Exemption, Section 15315, Class 15 (Minor Land Divisions), as
defined in the State CEQA (California Environmental Quality Act) Guidelines.
The Anaheim Zoning Administrator does hereby determine that the proposed tentative map, including its
design and improvements, is consistent with the Anaheim General Plan, and does therefore approve
Tentative Parcel Map No. 2006-279, to establish a 1-lot, 30-unit industrial condominium subdivision for an
existing industrial complex subject to the following conditions:
That an unsubordinated restricted covenant providing reciprocal access and parking approved by
Planning Services Department and in a form satisfactory to the City Attorney shall be recorded with the
Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the
Development Services Division. In addition, provisions shall be made in the covenant to guarantee that
the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking,
vehicular circulation, signage, maintenance, land usage and architectural control, and that the covenant
shall be referenced in all deeds transferring all or any part of the interest in the property.
That prior to final map approval, a maintenance covenant shall be submitted to the Subdivision
Section and approved by the City Attorney's Office. The covenant shall include provisions for
maintenance of private facilities, and a maintenance exhibit. The covenant shall also include
provisions for regular landscape maintenance, removal of trash and debris, and removal of graffiti
within twenty-four (24) hours from time of occurrence. This covenant shall be recorded concurrently
with the final map.
3. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim, on the
Parcel Map, an easement 32 feet in width from the centerline of the street along Claudina Way.
-1 of2-
• •
4. That the developer shall construct sidewalk and public parkway landscape improvements on
Claudina Way and Anaheim Way in conformance to Public Works Standard Detail No. 110-A. The
developer shall submit plans to the Department of Public Works, Development Services Division for
review and approval and then obtain a Right of Way Construction Permit. Prior to final map
approval, a faithful pertormance bond in a form approved by the City Attorney and in an amount to
be determined by the City Engineer, shall be posted to guarantee construction of the required
improvements and furthermore, that the required improvements shall be constructed within ninety
(90) days of the approval of the final map.
5. That prior to final map approval, the final map shall be submitted to and approved by the City of
Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange
County Recorder.
6. That there shall be a recorded use agreement satisfactory to the City Attorney's office for all parcels
sharing fire protection equipment and associated appurtenances.
7. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement (dimensions will vary with electrical deign), along/across high voltage lines, low voltage lines
crossing private property and around all pad mounted transformers, switches capacitors, etc. said
easement shall be submitted to the City of Anaheim prior to connection of electrical service.
8. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 6, and 7, herein-mentioned, shall be
complied with.
9. 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.
Sincerely,
~-
Pat Chan nior Secretary
Anaheim Zoning Administrator
-2of2-
r:
DECISION NO. MM2006-3
A DECISION OF THE PLANNING DIRECTOR
APPROVING A MINOR MODIFICATION (MIS2006-00175)
OWNER: Greg and Sheila Andersen
1250 North Willet Circle
Anaheim, CA 92807
CASE NO. MIS2006-00175
ADDRESS: 1250 North Willet Circle
APPLICATION
RECEIVED: December 5, 2006
DATE
APPROVED: December 20, 2006
REQUEST: Waiver of maximum lot coverage (40% permitted; 44% proposed) to construct a 389
square foot addition to the rear of an existing single family home under authority of
18.62.045.010 (Minor Modifications) of the Anaheim Municipal Code.
Having been appointed by the Planning Director to decide the above-referenced petition I do hereby find:
1. That the modification is consistent with the purposes and intent of the Zoning Code;
2. That the same or similar result cannot be achieved by using provisions in the Zoning Code
that do not require the modification;
3. That the modification does not conflict with the provisions of the California Building Standards
Code or other codes, as adopted by the City;
4. That the modification will not produce a result that is out of character or detrimental to the
neighborhood;
5. That the maximum lot coverage permitted for asingle-family residence in the RS-3 (Single
Family Residential) zone is 40%. The maximum total floor area allowed is 2,341 square feet, and 2,577
square feet is proposed. The proposed lot coverage is 44%, resulting in a deviation of 10%; therefore,
this minor modification request would be in compliance with the maximum 10 percent deviation permitted
under Section 18.62.045.020.0201 of the Anaheim Municipal Code.
Based on the evidence and testimony presented to me, I do hereby determine to approve the Minor
Modification (MIS2006-00175), subject to the following conditions:
1. 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 file with the
Planning Department marked Exhibit Nos. 1 and 2, as conditioned herein.
2. 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.
MIS 2006-00175.doc - 1 of 2 - MM2006-3
• !
This decision is made, signed, and entered into the file this 20th day of December, 2006.
(~i
David See, Senior Planner
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 rLs of the date of the signing of this
decision or unless members of the City Council shall request to review this decision within seven (7) 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: December 20, 2006
Pat Chandler~-~ior Secretary
MIS 2006-00175.doc - 2 of 2 - MM2006-3