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Resolution-ZA 2004-18 DECISION NO. ZA 2004-18 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO: 2004-04612 OWNER: Tuat M. Mai 1019 North Bristol Street Santa Ana, CA 92703 AGENT: Alan Nguyen 15401 Firmona Avenue Lawndale, CA 90260 LOCATION: 1040 North Kemg Street HEARING DATE: June 24, 2004 OPPOSITION: One person spoke at the public hearing in opposition and with concerns regarding the proposal including the parking; and that no correspondence was received in opposition. REQUEST: Waiver of the following to construct a 3-unit, 2-story apartment building in the RM-1200 (Residential, Multiple-Family) Zone: Sections 18.06.050.010.012.0121 - Minimum number of parking spaces. 18.12.060.110 9 s aces required; and 18.34.066.010 8 spaces proposed in compliance with Code standards, plus 6 tandem spaces) 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 herebyfind: 1. That a total of 14 parking spaces is proposed,consisting of 8 spaces (6 spaces in garages and 2 guest spaces) and 6 tandem spaces, which are not permitted by Code in "connection with apartment dwellings; that the 6 tandem spaces, which are in the driveways in front of 2-car garages attached to each of the 3 apartment units, will be assigned to those units; and that the total number of spaces {14) which will be available for parking exceeds the number of spaces required by Code (9); and that, therefore, this specific proposal will not cause fewer off-street parking spaces to be providetl for the`3-unit apartment complex than the number of such spaces necessary; and, further,'that the proposed'number of spaces will adequately accommodate all the vehicles attributable to the apartment'use under the normal and reasonably foreseeable conditions of operation of the tise. 2. That the parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity. of the proposed use. 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon. adjacent private property in the immediate vicinity of the proposed use. 4. That the variance, under the conditions imposed, will not increase trafr•ic congestion within the off-street parking areas provided for the proposed use. 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the: public streets in the immediate vicinity of the proposed use. Za2004-18.doc - 1 of 3 - ZA2004-1$ i • 6. That the City Traffic and Transportation Manager has reviewed the plans and the letter submitted by the petitioner describing,the proposed parking for this apartment project, and recommends approvalof this parking variance. 7. That granting this parking variance, under theconditionsimposed, will not be detrimental to .the peace, health, safety or general welfare of the citizens of the City of Anaheim. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for waiver of minimum number of parking spaces to construct a 3-unit, 2-story apartment building in the RM-1200 (Residential, Multiple-Family) Zone on arectangularly-shaped 0.22-acre property having a frontage of 71 feet on the east side of Kemp Street and a maximum depth of 134 feet, being located approximately 520 feet north of the centerline of La Palma Avenue, and further described as 1040 North Kemp Street; and that the Planning Director's authorized representative has determined that the - proposed project is Categorically Exempt, Class 3, under Section 15061(b)(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. , subject to the following conditions: 1. That prior to issuance of abuilding permit, the petitioner shall submit a plan illustrating the' public alley along the north property line and all the proposed parking spaces for the 3-unit apartment building, including the following information. Theplan shall be submitted to the City Traffic and Transportation Manager for review and approval, and a copy of the approved plan shall then be submitted to the Planning Department. (a} The plan shall show the garages, the tandem spaces in the driveways, the guest spaces, the existing alley and the additional. dedication being required by the City along the south side of the alley; (b) The dimensions shall be specified for the depth and width of all the parking spaces (garage, tandem and guest), the full width of the existing alley, and the additional dedication in order to show that an adequate turning radius, in accordance with City of Anaheim standards, will be provided for vehicles turning from the alley into and out of tfie tandem parking spaces in the driveways; .and (c) If it is necessary to modify the depth of the apartment building in order to provide an adequate turning radius into the tandem parking spaces in the driveways, a revised site plan. illustrating such modifications shall be submitted to the Planning Department for review and approval 2. (a) That the property owner shall dedicate additional right-of-way along the public alley as required by the City of Anaheim Public Works Department; .and (b) That prior to issuance of occupancy permits for this 3-unit apartment project, the necessary improvements to widen the alley in accordance with the Public Works Department standards shall be completed. 3. That the plans submitted far building permits shall specify that the six (6) proposed tandem parking spaces in the driveways shall be assigned to the individual apartment units connected to the garages; and that said tandem spaces shall thereafter be so-used and maintained.. 4. .That subject property shah 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, 2 and 3, and as conditioned herein. Za2004-18.doc - 2 of 3 - ZA2004-18 • • 5 That prior to issuance of a building permit or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 1, 2(a) and 3 ,above-mentioned, shall be complied with:. Extensions for further time to complete said conditions maybe 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. 6. That approval of this application constitutes approval of the proposed request only to the extenf 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 1 St day of July, 2004. Annika M. Santalahti, oning 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 davs 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. ~~~ ~~~ ~~5~^~ DATE: -July 1, 2004 Danielle C. Masciel, Word. Processing Operator Za2004-18.doc - 3 of 3 - ZA2004-18