Resolution-ZA 2008-04•
RESOLUTION NO. ZA2008-4
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
APPROVING A CATEGORICAL EXEMPTION, SECTION 15303, CLASS 3 (NEW
CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) AND APPROVING
VARIANCE N0.2008-04746
(1008 WEST WATER STREET)
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 1 OF TRACT NO. 87401 IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic
Center in the City of Anaheim on February 28, 2008, at 11:00 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, 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 waiver of the following to construct a 2-story single
family residence and detached garage:
(a) SECTION NO. 18.04.100.010 Minimum front yard setback.
(25 feet required; 15 feet proposed)
2. That special circumstances apply to the subject property because the triangular
shape of the property and the 20-foot wide easement significantly restricts the amount of
buildable area on the property; therefore, there are special circumstances that apply to the subject
property due to the irregular shape of the property and minimal buildable area as compared to
other properties in the neighborhood.
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 most properties
in the neighborhood have a rectangular shape and adequate lot area to accommodate a single
family home.
4. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to subject petition.
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• •
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff
has determined that the proposed project falls within the definition of Categorical Exemptions,
Section 15303, Class 3 (New Construction or Conversion of Small Structures), 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 Planning
Commission 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 health and safety of the Citizens of the City of Anaheim:
Responsible for
COA Conditions of Approval Monitoring
PRIOR TO ISSUANCE OF A $UILDI~rG PERMIT ' . , -; ~. ',-~ ; ~ r,r r ~_
COA 1 That plans shall show conformance with the current version of Engineering Planning, Public
Standard Detail 114 pertaining to driveway design to the satisfaction of the City Works-Traffic
Engineer.
OEI~ER~L ~ f
That subject property shall be developed substantially in accordance with plans
COA 2 and specifications submitted to the City of Anaheim by project applicant and
Planning
which plans are on file with the Planning Department marked Exhibit Nos. 1 and
2 of Variance No. 2008-04746, and as conditioned herein.
That approval of this application constitutes approval of the proposed request
COA 3 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 Planning
include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
That no structure(s) shall encroach into the 20-foot wide utility easement area
COA 4 adjacent to the I-5 freeway unless written approval is obtained from the owner of Planning
said easement.
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
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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 February 28, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
ANAHEIM ONING ADMINISTRATOR
ATTEST:
n ~j~ y~
f'iC~mo-s--- ~~~'G~l~t/~
SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 February 28, 2008.
T~
IN WITNESS WHEREOF, I have hereunto set my hand this ~ S day of
~~ J,r „~_ , 2008. {J[ /^
SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR
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