Resolution-ZA 2001-29
DECISION NO. ZA 2001-29
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2001-04447
OWNER: Paul Del Valle Inc.
3306 Woodland Place
Santa Ana, CA 92707
LOCATION: 1313 and 1316 North Paradise Court
HEARING DATE: August 9, 2001
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following to construct two single family homes in the
RS-7200 (Residential, Single Family) Zone:
Sections 18.12.060.075 - Minimum lot width and frontage.
and 18. 26.061.020 (70 feet required; 35 feet proposed for Lot #1)
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 waiver, minimum lot width and frontage, is hereby approved on the basis that the
underlying property (originally two lots) is irregularly configured due to right-of-way acquisition for freeway-
widening purposes; and that the proposed subdivision is for two new lots which otherwise comply with the
applicable Zoning Code requirements for useable open space, lot coverage and minimum setbacks from
property lines (as illustrated by the site plan which shows the potential placement of two single-family
dwellings).
2. That strict application of the Zoning Code would deprive the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity because there are other similar narrow
frontages on cul-de-sac streets in the neighborhood; that a lot frontage waiver would be needed
regardless of where the property lines are located; and that there is a special circumstance applicable in
this case (i.e., the freeway widening) which justifies the requested waiver.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the waiver of minimum lot width and frontage to construct two single family homes in the RS-7200
(Residential, Single Family) Zone on airregularly-shaped 0.34-acre property located at the northerly
terminus of Paradise Court, having a frontage of 97 feet on the north side of Paradise Court and a
maximum depth of 135 feet, being located 170 feet north of the centerline of Briarvale Avenue, and further
described as 1313 and 1316 North Paradise Court; and that the Planning Director or his authorized
representative has determined that the proposed project is Categorically Exempt under Class 3 of the
State of California Environmental Quality Act Guidelines.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance
No. 04447, subject to the following conditions:
1. That a lot line adjustment plat to adjust the property lines such that said plat matches the submitted
and approved site plan shall be submitted to the Public Works Department, Development Services
Division, for review and approval by the City Engineer. That the approved lot line adjustment plat shall
then be recorded in the Office of the Orange County.
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2. That the property shall be provided with underground utilities in accordance with the Electrical Rates,
Rules, and Regulations, and the City of Anaheim Underground Policy.
3. That the property owner shall provide the Electrical Engineering Division of the City of Anaheim Public
Utilities Department with public utilities easement(s) to be determined as electrical design is
completed.
4. That any necessary relocation of existing electrical facilities shall be at the expense of the developer.
5. That a trash storage area shall be provided and maintained on each lot in a location acceptable to the
Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on
file with said Department.
6. That prior to commencement of the activity authorized by this decision or within a period of one (1)
year from the date of this decision, whichever occurs first, Condition No. 1, above-mentioned, shall be
complied with. Extensions for further time to complete said condition may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
7. 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 plan is on file with the Planning
Department marked Exhibit No. 1, and as conditioned herein.
8. That in connection with the issuance of building permits for a residence on each lot, Condition Nos. 2,
3, 5 and 7, above-mentioned, shall be complied with.
9. 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 14th day of August 2001.
t-G` 3 ~ ~i,
Annika M. Santalah i, 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.
DATE: August 14, 2001 ~~ - C
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Patricia Koral, Sen~ r Word Processing Operator
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