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Resolution-ZA 2004-03~ • DECISION NO. ZA 2004-3 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 2003-04592 OWNER: Anaheim Redevelopment Agency Attention: Elisa Stipkovich 201 South Anaheim Boulevard Anaheim, CA 92805 AGENT: Kim McKay Anaheim Revitalization Partners 1820.1 Von Karman Avenue, Suite 900 Irvine, CA 92612 .LOCATION: 1226 1300 1312 1318 1330 and 1334 West Cerritos Avenue 1211, 1223, 1229, 1319 and 1337 West Lynne Avenue, 1524 1530.1600 1612 1618 and 1624 South Ninth Street and 1531. 1537, 1542, 1613 and 1626 South Hampstead Street. HEARING DATE: January 22, 2004 REQUEST: Waivers of the following to construct new decks, porches, balconies and trash enclosures in required setbacks, and to convert garages to laundry rooms in conjunction with the 'Jeffrey Lyhne Phase Two Housing Revitalization Project' in the RM-1200 (Residential, Multiple Family) Zone: (a) Sections 18.06.050.010.012.0121 - Minimum number, type, and design of 18.12.060.110 off-street parkingspaces. and 18.34.066.010 (total 135 spaces with 132 covered spaces existing'and required; total 135 spaces with 62 covered soaces proposed} (b) Sections 18.12.060.050 - Minimum structural setbacks. ..18.34.063.010.012 (15 feet required adjacent to a local street, 18.34.063.020.021 5'/2 to 6'/2 feet proposed; and and 18.34.063.020.022 13 feet required between interior property lines and building walls having main entrances or windows, 3'/ to 6 .feet proposed) Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code Section 18.12.040 jAuthority and Duties), to decide the above-referenced petition and a public hearing having been duly noticed fos• and held on the date set forth above, I do hereby find: 1.. That waiver (a), required type of parking spaces, is hereby approved on the basis that, under ..the conditions imposed, the reconfiguration of parking spaces within the integrated apartment complex will not cause fewer off-street parking spaces to be provided for the residential uses than the number of such. spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of the use. 2. That the Traffic and Transportation Manager has reviewed the plans for this revitalization project and does not oppose the request for waiver of required type of parking spaces (i.e., open spaces instead of covered spaces). ZA2004-03.doc - 1 of 4 - ZA2004-3 ~ • 3. That the parking waiver will not, under the conditions imposed, increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use. 4. That the parking waiver will not, under the conditions imposed, increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the use. 5. That the .parking waiver will not,. under the conditions imposed,. increase traffic congestion within the off-street parking areas or Pots provided for the use. 6. That the parking waiver will not, under the conditions imposed, impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the use. 7. That in order to enhance parking opportunities for the `Jeffrey Lynne Phase Two Housing Revitalization Project,' Community Development staff is proposing abandonment and closure of two streets to provide additional open parking spaces in the center of this apartment neighborhood and that such proposal will be considered by the City Council at a future date; that there have been negotiations with Southern California Edison officials to lease a portion of the overhead easement on the south side of Audre Drive to provide additional parking spaces; and that the property managers/owners for all the `participating' properties within the area (i:e., the parcels high-lighted on the Location Map attached to the January 22, 2004 Staff Report to the Zoning Administrator) will have control over any potential overcrowding in apartment units and the allocation of tenant parking spaces. 8. That waiver (b), minimum structural setbacks for enhanced private balconies, new stairs, storage closets and new trash enclosures, is hereby approved on the basis that there are special circumstances applicable to this apartment neighborhood pertaining to existing building placement and physical constraints such as layout and density, which do not apply to other identically zoned properties in the vicinity. 9. That strict application of the Zoning Code would deprive these properties of privileges enjoyed by other properties under identical zoning classification in the vicinity due to a substandard amount of open space, high crime rate, lack of adequate recreational-leisure space and severely dilapidated condition of the yards and buildings within the area, which problems will be reduced or eliminated as a result of the'Jeffrey Lynne Phase Two housing Revitalization Project.' 10. That one concerned person who owns an apartment building in the vicinity (which is not a `participating' property) spoke at the public hearing. 11. That no one indicated their presence at the public hearing in opposition to the proposal, and no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for waivers of (a) minimum number, type and design of off-street parking spaces and (b) minimum structural setback to construct new decks, porches, balconies and trash enclosures in required setbacks, and to convert garages to laundry rooms in conjunction with the 'Jeffrey Lynne Phase Two Housing Revitalization Project' in the RM-1200 (Residential, Multiple Family) Zone on 23 properties encompassing 3.4 acres generally bounded by Cerritos Avenue to the north, Audre Drive to the south, Ninth Street to the west and Walnut Street to the east, and further described as 1226, 1300, 1312, 1318, 1330 and 1334 West Cerritos Avenue, 1211, 1223, 1229, 1319 and 1337 West Lynne Avenue, 1524, 1530, 1600, 1612, 1618 and 1624 South Ninth Street, and 1531, 1537, 1542, 1613 and 1626 South Hampstead Street; and that the Planning Director's authorized representative has determined that the proposed project is Categorically Exempt, under Section 15061(b)(3), Class 1 (Existing Facilities), of the State of California Environmental Quality Act Guidelines. ZA2004-03.doc - 2 of 4 - ZA2004-3 • • Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2003-04592, subject to the following conditions: 1. That all air conditioning facilities and other roof and ground mounted mechanical equipment shall be properly shielded from view from adjacent residential properties and public rights-of-way. Said information shall be specifically shown on the plans submitted for building permits. 2. That trash storage areas shall be provided and maintained in locations acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department; and that on-site trash truck turnarounds shall be provided as required. Said information shall be specifically shown on the plans submitted for building permits. 3. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 4. That any requests for new water services or fire lanes, as well as any modifications, relocations or abandonment of existing .water services and fire lanes, shall be coordinated through the Water Engineering Division of the Pub{{c Utilities Department. 5. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded for continued use if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for any cost to upgrade or abandon any water service or fire line. 6. That the legal property owner(s) shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) a twenty (20) foot wide easement for water service mains and/or an easement for large meters and other public water facilities. 7. That all exterior doors shall have adequate security hardware (for example, deadbolt locks) as recommended by the Anaheim Police Department. Said information shall be specified on the plans submitted for building permits. 8. That laundry room doors shall have view panels to increase visibility as recommended by the Anaheim Police Department. Said information shall be specified on the plans submitted for building permits. 9. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 28, and as conditioned herein. 10. That prior to issuance of a building permit for each separate property or within a period of two (2) years from the date of this decision, whichever occurs first, Condition Nos. 1, 2, 3, 5, 6, 7 and 8, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. 11. That prior to final building and zoning inspection of each separate property, Condition No. 9, above-mentioned, shall be complied with. 12. 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. ZA2004-03.doc - 3 of 4 - ZA2004-3 ~ • This decision is made, signed, and entered into the file this 29th day of January 2004. 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. DATE: January 29, 2004 ~r!'it- ~ t ~~~ ~--- ~ ~ /tJ' CQ~`;C~ ~ 1~ Danielle C. 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