Resolution-ZA 1988-53,_ ~ •
DECISION OF THE ZONING ADMINISTRATOR N0. ZA88-53
PETITION: VARIANCE N0. 3833 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS - 5
DATE OF PUBLIC HEARING: September 8, 1988.
SUPPORT: Three letters were received in support of the proposal.
OPPOSITION: No one indicated their presence at the public hearing in
opposition and no correspondence in opposition was received.
OWNER: THE SERVITE FATHERS, Attention: Father Charles Matsko, 1952 West
La Palma, Anaheim, CA 92801-3595.
LOCATION: 1952 West La Palma Avenue
REQUEST: Petitioner requests waiver of the followin under authority of
Code Section 18.12.060.050 to retain an ring patio cover:
s
SECTIONS 18.04.042.020 - Minimum Structural Setback.
and 18.21.063.020 (15 feet required; 2.5 feet proposed)
Having been appointed Zoning Administrator by the Planning Director, pursuant
to Anaheim Municipal Code Section 18.12.040, to decide the above-referenced
petition and a public hearing having been duly. noticed for and held on the
date set forth above, I do hereby find to approve subject variance, in part,
on the basis:
1. That the owners of the three properties (addressed on Keystone Street to
the west) which immediately abut said accessory structure have indicated,
in writing, that they do not oppose its remaining.; that subject "patio
cover" has no walls; and, further, that it was installed .more than 10
years ago with no objections having been received and documented at that
time.
2. That there are special circumstances applicable to the property such as
size, shape, topography, location or surroundings, which do not apply to
other identically zoned properties in the vicinity; and
3. That strict application of the Zoning Code deprives the .property of
privileges enjoyed by other properties in identical zoning classification
in the .vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of minimum side yard setback to retain an
existing patio cover on a rectangularly shaped parcel of land consisting of
approximately. l5 acres, having approximate frontages of 1,006 feet on the west
side of Wichita Avenue and 635 feet on the south side of La Palma Avenue,
ZA88-53
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Variance No. 3833
being located approximately 133 feet north of the centerline of Catalpa Avenue
and further described as 1952 West La Palma Avenue (Servite High School); and
that the Planning Director or his authorized representative has determined
that the proposed project falls within the definition of Categorical
Exemptions, Class 5, as defined in the State Environmental Impact Report (EIR)
Guidelines and is, .therefore, categorically exempt from the requirement to
prepare an EIR.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3833, in part, subject to the following conditions:
1. That a fee shall be paid to the City of Anaheim for -tree planting along
La Palma Avenue in an amount as determined by City Council resolution.
2. That existing broken or cracked driveways shall be removed and replaced
and that any driveways along Za Palma Avenue which need repairs shall be
reconstructed to accommodate ten (10) foot radius .curb returns, as
required by the City Engineer.
3. That the proposal .shall comply with all signing requirements of the
RS-A-43,000 "Residential,. Agricultural" Zone, unless a variance allowing
sign waivers is approved by the City Council, Planning Commission or
Zoning Administrator.
4. That the on-site landscaping shall be maintained in compliance with City
standards.
5. That the existing structure shall comply with the minimum standards of
the City of Anaheim, including the Uniform Building, Plumbing,
Electrical, Mechanical and Fire Codes as adopted by-the City of Anaheim,
and that any necessary building permit. shall be obtained.
b. That subject property shall be developed substantially. in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 and 2; provided, however, that the minimum setback between any
portion of the "patio cover" and the west property line shall be three
(3) feet.
7. That Condition Nos.' 1, 2, 5 and 6, above-mentioned, shall be completed
within a period of sixty (60) days from the: date of this decision.
8. 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 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.
0108g 2 ZA 88-53
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Variance No. 3833
This decision is made, signed, and entered into the file this fifteenth day of
September, 1988.
Annika M. Santalahti
Zoning Administrator
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 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 said
15 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.
DATED : ,rr/y ~ ~~ y ~P .~
Pamela H. Starnes, Executive Secretary
0108g 3 ZA 88-53