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Resolution-ZA 1988-79_~.~. • DECISION OF THE ZONING ADMINISTRATOR - ZA 88-79 PETITION: VARIANCE N0. 3873 CEQA STATUS: CATEGORICAL EXEMPTION CLASS 5 DATE OF PUBLIC HEARING: November 17, 1988, continued to December 15, 1988. OPPOSITION: No one indicated their presence in opposition at the November 17 and the December 15, 1988, hearings; and no correspondence was received. OWNER: - MARIO M. AND DESIREE T. BARNABE 183 South Mulberry Street, Orange, CA 92669 LOCATION:. 853 North Zeyn Street REQUEST: Petitioner request waivers of the following under authority of Code Sections 18.12.060.050 and 18.12.060.110 to convert accessory living quarters into an apartment unit: (a) SECTIONS 18.32.0.66.010 - Minimum number of parking spaces. 18.06.050.011 _(6 required; 4 proposed) and 18.06.050.0121 (b) SECTION 18.32.063.013 -Minimum rear-.yard setback. (15 feet from centerline of alley required; 7.5 feet existing) 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: 1. That the. requested waiver (a) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; that granting of the variance, under the conditions imposed, will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim; and that said waiver is minimal because. the subject apartment has been rented for a number of years without any parking problems being experienced; 2. That the requested waiver (b) is minimal because the shallow setback was approved. by the City a number of years ago when the "accessory living quarters"were constructed; 3. 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 4. That strict application of the Zoning Code deprives the property of privileges enjoyed by other .properties in identical zoning classification in the vicinity. 0149g 1 ZA 88-79 ~< Page 2 Variance No. 3873 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has reviewed the. proposal for waiver. of minimum number of parking spaces and minimum rear yard setback to construct an additional dwelling unit with on a rectangularly-shaped parcel of land consisting of approximately 0.14 acres located at the southwest corner of Zeyn Street and La Verne Street, having frontages of approximately 57 feet on the west side of Zeyn Street and 113 feet on the south side of La Verne Street, and further described as 853 North Zeyn Street; 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 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. 3873, subject to the following conditions: 1. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of .land ten (10) feet in width from the centerline of .the alley for alley widening purposes. 2. That the owner of the subject property shall irrevocably offer to dedicate to the City of Anaheim a parcel of land at the intersection of La Verne Street and Zeyn Street with a corner radius of fifteen (15) feet for street widening purposes,. 3. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by City Council resolution. 4. That a fee shall be paid to the City of Anaheim for street lighting along Zeyn Street in an amount as determined by City Council resolution. 5. That due to the change in use and/or occupancy of the building, .plans shall be submitted to the Building. Division showing compliance with the minimum standards. of the City of Anaheim, including the Uniform Building, Housing, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 6. That prior to issuance of a building permit, or within a period of one year from the date of this decision, whichever occurs first, Condition Nos. 1, 2, 3, 4 and 5, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 7. That subject property .shall be developed substantially in accordance with plans .and specifications on file with the City of Anaheim marked-Exhibit Nos. 1, 2 and 3. 0149g 2 ZA 8$-79 ~ ,, Page 3 Variance No. 3873 • • 8. That prior to final building. and zoning inspections, Condition No. 7, .above-mentioned, shall be complied with. 9. That. approval of tl request only to the .Zoning Code and any include any action request regarding requirement. its application constitutes approval of the proposed extent that it complies with the Anaheim Municipal other applicable City regulations. Approval does not or findings as to compliance or approval of the any other applicable ordinance, regulation or This decision is made, signed, and entered into the file this nineteenth day of December, 1988... L~ 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: December 19, 1988 1"" Pamela H. Starnes, Executive Secretary 0149g 3 ZA 88-79