Resolution-ZA 2007-03•
RESOLUTION NO. ZA2007-03
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A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2007-04724 BE GRANTED
(6661 EAST CANYON HILLS ROAD)
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 8 OF TRACT NO.9721, AS PER MAP RECORDED IN BOOK 428, PAGE(S)
13 TO 18 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City
of Anaheim on June 21, 2007 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:
That the applicant proposes waiver of the following to expand an existing single-family
residence:
SECTION NO. 18.04.100.010.0101 Minimum front yard setback
25 feet required; 11 feet proposed)
2. That the requested waiver pertaining to minimum front yard setback is hereby approved
since there are special circumstances applicable to the property because of the steep grade on a majority of
the site, leaving no other viable areas on the property to construct an addition other than the proposed
location.
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 front yard setback waivers have been
granted in close proximity to the subject site.
4. That the requested front yard setback for the second story would be more than the existing
first story setback of the garage.
5. That nobody indicated their presence at said public hearing in opposition.
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:
VAR No. 2007-04724.doc -1- ZA2007-03
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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 - 3, as conditioned herein.
2. 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.
3. 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 June
21, 2007. 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 ~z7tt~ 7 ,~
DATE ANAHEIM ZONING ADMINISTRATOR
ATT T:
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NIO SE RETARY, 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 July 7,
2007.
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ -day of
~ ~ , 2007.
v
SR. S C ,ANAHEIM ZONING ADMINISTRATOR
-2- ZA2007-03
City of An~im
PLANNING DEPARTMENT
DECISION NO. MM2007-2
A DECISION OF THE PLANNING DIRECTOR
APPROVING A MINOR MODIFICATION (MIS2007-00210)
www.anaheim.net
APPLICANT: Wynnsan L. Moore
1091.7 Vanowen Street
North Hollywood, CA 91605
CASE NO. MIS2007-00210
ADDRESS: 1773 West Lincoln Avenue, Units M & N
APPLICATION
RECEIVED: June 28, 2007
DATE
APPROVED: July 12, 2007
REQUEST: Waiver of required parking spaces (20 spaces required; 18 spaces
proposed) to establish recording studio 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 subject site is currently developed with an 8,000 square foot industrial
building in the I (Industrial) zone.
6. That recording studios are a permitted primary use in the I (Industrial) zone
pursuant to Anaheim Municipal Code Section No. 18.10.030.010.
7. That the parking requirement fora recording studio is 2.5 spaces per 1,000
square feet of the floor area. Submitted plans indicate the total floor area for both units
combined is 8,000 square feet. Code requires 20 parking spaces to be provided and 18
parking spaces are existing, resulting in a deviation of 9 percent; 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.
200 South Anaheim Boulevard
P.O. Box 3222
Anaheim, California 92803
TEL (714) 765-5139
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8. That an application for Administrative Adjustment No. 2007-00303, for waiver of minimum
number of parking spaces, was received on June 20, 2007. Said application was
9. subsequently withdrawn by the applicant on June 28, 2007 since the requested waiver
qualifies under the Minor Modification provisions.
10. That the applicant submitted five fetters of consent from adjacent property owners. Said
letters indicate that the neighboring property owners do not oppose the parking waiver request.
11. That the applicant submitted a letter of operation indicating that the recording studio would
accommodate professional musicians and the facility would not be open to the general public. The
peak hours forthe studio would be from 4 p.m. to 11 p.m. seven days a week, which would not be in
conflict with the peak hours for the surrounding commercial and industrial businesses.
Based on the evidence and testimony presented to me, I do hereby determine to approve the Minor
Modification (MIS2007-00210), 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.
This decision is made, signed, and entered into the file this 12th day of July, 2007.
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) days 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: July 12, 2007
P t C for Secretary