Resolution-ZA 2008-21RESOLUTION NO. ZA2008-21
A RESOLUTION OF THE ANAIIEIM ZONING ADMINISTRATOR
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1
AND APPROVING VARIANCE NO. 2008-04758
(419 SOUTH WINDMILL LANE)
WHEREAS, the Anaheim Zoning Adminish~ator did receive a verified Petition for
Vaziance for certain real properry situated in the City of Anaheim, County of Orange, State of
California shown on Eachibit A, attached hereto and incorporated herein by this reference; and
WHEREAS, the petitioner requests a variance from side yard setback requirements
to construct a second story addition on an existing single-family residence; and
WIIEREAS, the Zoning Administrator did hold a public hearing at the Civic Center
in the City of Anaheim on December 22, 2008, 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 vaziance 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 heazing, does find and determine the following facts:
1. That the applicant requests waiver of the following to construct a second story
addition on an existing single-family residence:
(a) SECTION NO. 18.04.100.010.0101 Minimum sideyard setback for anv
second storv (9 feet required; 6 feet
proposed)
2. That the requested waiver (a) is hereby approved because there aze special
circumstances applicable to the property, including size, shape, topography, location and
surroundings, which do not apply to other properties under identical zoning classification in the
vicinity because this properiy is an irregulazly-shaped flag-lot with unique topography wkuch
renders portions of the property unbuildable and the building pad of the property to the west sits
approximately 25 feat lower than this property and is sepazated by an approximately 35 foot wide
slope containing mature trees and landscaping.
3. That the distance between the proposed second story addition and the adjacent
single-family home to the west is approximately 40 feet which exceed~`the intent of the Code to
provide a minimum distance of 18 feet between second story levels of adjacent single-family homes
and that strict application of the Code deprives the property of privileges enjoyed by`other property
under identical zoning classification in the vicinity.
-1- ZA2008-21
4. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject request.
WHEREAS, 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 tk~e Anaheim Zoning Administrator
does hereby approve Vaziance No.2008-04758.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
chazges related to the processing of this discretionary case application within 15 days of the
issuance of the fmal invoice or prior to the issuance of building permits for this project, whichever
occurs first. Failure to pay all chazges 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 22, 2008. 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~
~ANAHEIM ZONING AD INISTRATOR
ATTEST:
_. c~sCr-=-LCti-----/ /lirrv+-~'~ ~
S~CRETARY, ANAI-IEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COLTNTY OF ORANGE ) ss.
CITY OF ANAI-IEIM )
I, Eleanor Morris, 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 22, 2008.
IN WITNE3S WHEREOF, I have hereunto set my hand this 22"d day of December, 2008.
.~~~°~--- i~~""',.~
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
-2- ZA2008-21
EXIIIBIT "A"
VARIANCE NO. 2008-04758
-3- ZA2008-21
EXHIBIT "B"
RECOMMENDED CONDITIONS OF APPROVAL
VARIANCE NO. 2008-04758
No. Conditions of Approval Responsible for
Monitorin
GEIVERAL '
1 That subject property shall be developed substantially in Planning
accordance with plans submitted to the City of Anahenn by
the applicant and which plans aze on file with the Planning
Department mazked E~chibit Nos. 1 through 6, and as
conditioned herein.
2 That approval of this application cons6tutes approval of Planning
the proposed request only to the extent that it compiies
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 regazding any other applicable
ordinance, regulation or requirement.
-4- ZA2008-21