Resolution-ZA 2003-50
DECISION NO. ZA 2003-50
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING TENTATIVE PARCEL MAP NO. 2003-161
OWNERS: Quinton Sumabat
850 North West Street
Anaheim, CA 92805
Tinh V. Nguyen
1790 East Banyan Avenue
Anaheim, CA 92805
AGENT: Duane Stout
1316 Candlewood Street
Anaheim, CA 92805
LOCATION: 838 and 850 North West Street
HEARING DATE: December 11, 2003, continued from October 30, 2003
OPPOSITION: Three people indicated their presence at the public hearing in opposition to the
proposal, and no correspondence in opposition was received.
PROPOSAL: A tentative parcel map to establish a 4-lot ,single-family residential subdivision in the
RS-10,000 (Residential, Single-Family) Zone.
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 proposed subdivision map is consistent with the Anaheim General Plan Land Use
Element which designates this area for Low Density Residential land uses; and that the proposed
subdivision will assist in achieving the housing goals prescribed in the Housing Element of the General
Plan.
2. The site is suitable for two additional separate detached single-family residences and will
conform to the existing density and characteristics of the surrounding area.
3. That the design of the subdivision and the type of improvement, as conditioned herein, will
not cause public health problems.
4. That the subdivision will not cause environmental damage or conflict with easements
acquired by the public at large, for access through or use of property within the proposed subdivision.
CAL{FORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to establish a 4-lot, 4-unit single-family residential subdivision with waivers of
required lot frontage on a public or private street and minimum lot width on arectangularly-shaped 0.97-
acre area consisting of two consisting of two separate parcels, having a combined frontage of 144 feet on
the east side of West Street and a maximum depth of 296 feet, being located 210 feet north of the
centerline of Karen Place, and further described as 838-850 North West Street; and does hereby
approve the Negative Declaration upon finding that she has considered the Negative Declaration together
with any comments received during the public review process and further finding on the basis of the initial
study and any comments received that there is no substantial evidence that the project will have a
significant effect on the environment.
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Based on the evidence and testimony presented to me, f do hereby determine to approve Tentative
Parcel Map No. 2003-161 (stamped "approved" and signed by the Zoning Administrator on December 18,
2003), subject to the following conditions:
That approval of this parcel map is granted subject to approval of Variance No. 2003-04578, now
pending.
That the legal property owners of the subject properties shall provide the City of Anaheim with a
public utilities easement along/across high and low voltage lines crossing private property and
around all pad-mounted transformers, switches, capacitors, etc. Said easement shall be submitted
to the City of Anaheim prior to connection of electrical service.
3. That the legal property owners shall execute an agreement concerning the proposed shared
driveway. The agreement shall include provisions for the maintenance of the driveway and
recordation of an ingress/egress easement for the benefit of Parcels 1, 2, 3 and 4. The agreement
shall be in a form approved by the City Attorney's Office and shall be recorded concurrently with the
Parcel Map.
4. That the driveway providing vehicular access to Parcels 1, 2, 3 and 4 shall be a minimum twenty
(20) feet wide. The driveway shall be improved prior to occupancy of a new home on Parcel 2 or 4,
whichever occurs first. An improvement certificate shall be placed on the Parcel Map to inform
potential future property owner of this requirement.
5. That all parcels shall be assigned street addresses by the Building Division of the Planning
Department.
6. That all requests for new water service or fire lines, as well as any modifications or abandonments
of existing water services and fire lines, shall be coordinated through the Water Engineering Division
of the Public Utilities Department.
7. That all existing water services and fire lines shall conform to current Water Services Standard
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary, or abandoned if the existing service is no longer needed.
The owner/developer shall be responsible for the cost to upgrade or to abandon any water service
or fire line.
8. That individual water service and/or fire line connections shall be required for each parcel or
residential unit in accordance with Rule 18 of the City of Anaheim's Water Rates, Rules, and
Regulations.
9. That the Final Map shall be submitted to and approved by the Anaheim City Engineer and the
Orange County Surveyor, and shall then be recorded in the Office of the Orange County Recorder.
10. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, 14 and 15,
herein-mentioned, shall be complied with.
11. 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.
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12. That prior to Final Map approval, the Central City Sewer Study must be completed by the Public
Works Department. The study will verify whether there is adequate sanitary sewer capacity
available to serve the two (2) proposed residential Parcels 2 and 4, If capacity is available, the
developer shall pay the sewer capacity fee for each lot prior to approval of the final parcel map. If
capacity is not available, the developer shall wait until capacity becomes available to finalize the
parcel map. If necessary, the developer may request extensions of time in conjunction with the
sewer capacity issue, as provided by Chapter 17.08 (Subdivisions) of the Anaheim Municipal Code
and the State Subdivision Map Act.
13. That the existing garage on Parcel 3 (which straddles a proposed property line) shall be either
demolished and replaced with a new garage in compliance with the Zoning Code or relocated so as
not to straddle a property line. If the existing garage is relocated, the placement shall be such that
the maximum rear yard coverage on Parcel 3 complies with the development standards of Chapter
18.25 ("RS-10,000" Residential, Single-Family Zone) of the Zoning Code pertaining to permitted
accessory structures in required rear yards. That prior to approval of a Final Map, a plot plan shall
be submitted to the Zoning Division to show that the placement of all existing structures on Parcels
1 and 3 (where the existing houses are proposed to be retained, including the new or relocated
garage on Parcel 3) complies with the required setback and coverage standards of the RS-10,000
Zone.
14. That a deed restriction shall be recorded for Parcels 2 and 4, specifying that:
(a) On Parcel 2, the maximum building height within forty (40) feet of the east (rear) property line
shall be one (1) story, and
(b) On Parcel 4, the maximum building height within fifty (50) feet of the east (rear) property line
shall be one (1) story.
Prior to Final Map approval, the proposed deed restriction shall be submitted to the Zoning Division
and City Attorney for review and approval. The approved deed restriction shall be recorded
concurrently with the Final Map. Following recordation at the Office of the Orange County Recorder,
a copy of the recorded document shall be submitted to the Zoning Division.
On both Parcels 2 and 4, the minimum setback between any one (1) story building and the east
(rear) property line shall be twenty five (25) feet in compliance with subsection 18.25.063.030 of the
Zoning Code (pertaining to required rear yard setbacks in the RS-10,000 "Residential, Single-
Family" Zone); provided that a permitted accessory building (or buildings) may occupy up to twenty
five percent (25%) of said required 25-foot deep rear yard in accordance with subsection
18.25.062.020.022 (pertaining to maximum rear yard coverage by accessory buildings).
15 (a) That a deed restriction shall be recorded concurrently with the Final Map specifying that prior to
commencement of any construction on Parcels 2 and/or 4, a new six (6) foot high solid fence or
block wall, as measured from the highest finished adjacent grade, shall be constructed along
the east (rear) property line of the parcel(s) on which such construction is proposed.
Additionally, as a result of the proposed subdivision, Lot No. 9 of Tract No. 1404 (845 North
Lenz Drive) will abut both proposed Parcels 2 and 4 (as shown on the Tentative Map approved
on December 18, 2003) and, therefore, the design, material and color of the fence (or wall)
along the shared property line shall match unless the property owner of said Lot No. 9 agrees
to the portions of the fence (or wall) on Parcels 2 and 4 being a different design, material and/or
color.
(b) Prior to approval of a Final Map, the proposed deed restriction shall be submitted to the Zoning
Division and City Attorney for review and approval. The approved deed restriction shall be
recorded concurrently with the Final Map. Following recordation at the Office of the Orange
County Recorder, a copy of the recorded document shall be submitted to the Zoning Division.
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This decision is made, signed, and entered into the file this 18'h day of December, 2003.
/ ~ ~ ./~ /~
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 10 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 10 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: December 18, 2003
D elle C. Masci or Processing Operator
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