Loading...
Resolution-ZA 2005-36 DECISION NO. ZA 2005-36 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 2005-04674 OWNER: Anaheim Housing Authority 201 S. Anaheim Blvd. Anaheim, CA 92805 AGENT: Related Company 18201 Von Karman Avenue Suite 900 Irvine, CA 92612 Attention: Colby Northridge LOCATION: 1550 South Ninth Street. 1513. 1525. 1543 1614. 1620, and 1630 South Hampstead Street, 1329 West Lynne Street, 1220 West Cerritos Street, and 1624 and 1630 South Calle Del Sol. The subject 11 properties, which have a combined area of approximately 3 acres, are located within the "Jeffrey Lynne Phase Three Rehabilitation Project" area which is bounded by Cerritos Avenue on the north, Walnut Street on the east, Audre Drive on the south, and Ninth Street on the west. CEQA STATUS: CEQA Categorical Exemption, Class 1 HEARING DATE: December 22, 2005 OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no correspondence was received in opposition. REQUEST: Waiver of the following to construct new decks, porches, bedroom additions, balconies, facade refurbishment and trash enclosures, and to convert garages to laundry rooms in conjunction with the "Jeffrey Lynne Phase Three Housing Revitalization Project" in the RM-4 (Multiple-Family Residential) Zone. (a) Sections 18.06.090.010.0101 - Minimum front yard setback. and 18.74.040.020.0205 (20 feet required to the ultimate rights-of-way along collector streets and secondary arterial highways; 12 to 17'/ feet proposed on two lots: Parcel "A" abutting Ninth Street and Cerritos Avenue, and Parcel "I" abutting Cerritos Avenue) (b) Sections 18.42.030.020 - Minimum number, type and design of off-street parking spaces. and 18.74.040.020.0213 (99 spaces required for 11 lots: Parcels "A" through "K"; 85 spaces existing and proposed) Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced variance and a public hearing been duly noticed for and held on the date set forth above, I do hereby find, pursuant to Section 18.74.060 (Findings) of the Anaheim Municipal Code: 1. That waiver (a), minimum front yard setback, is hereby granted on the basis that there are special circumstances applicable to the buildings on Parcels "A" and "I" pertaining to existing building placement and physical constraints of the area including layout and density, which do not apply to other identically zoned properties in the surrounding integrated apartment neighborhood; and that increasing the amount of private outdoor space for apartment units will improve existing conditions which include h:~ZAdec2005-36VAR.doc - 1 of 4 - ZA 2005-36 i substandard amounts of open space, high crime rate, lack of recreational-leisure space, and severely dilapidated condition of existing yards and buildings. 2 That strict application of the Zoning Code would deprive the subject parcels of privileges enjoyed by other properties under identical zoning classification in the vicinity, most of which are developed with buildings which front on private instead of public streets, where front setbacks may be shallower. 3. That waiver (b), minimum number, type and design of off-street parking spaces, under the conditions imposed, is hereby granted on the basis that said waiver will not cause fewer off-street parking spaces to be provided for this apartment neighborhood 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 because the reconfiguration of parking spaces within the integrated apartment neighborhood, as part of Phases One and Two, will compensate for the additional parking spaces required in Phase Three as a result of 1-bedroom units being converted to 2-bedroom or larger units; and that the functionality of parking spaces will be enhanced in connection with the refurbishment of the neighborhood as discussed in the Staff Report to the Zoning Administrator dated December 22, 2005, Item No. 3. 4. That the parking waiver, 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. 5 That the recent abandonment and closure of two streets within this apartment neighborhood has allowed for additional open parking spaces in the center of the neighborhood; that Community Development Department staff have negotiated with Southern California Edison Co. officials to lease a portion of the utility easement on the south side of Calle De Las Estrellas to acquire additional parking spaces; and that the property managers/owners have control over any potential overcrowding of units and the allocation of parking spaces for the tenants for all the "participating" properties within this neighborhood; and that, therefore, the requested parking waiver is not anticipated to increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. 6. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. 7. That the parking waiver, 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. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2005-04674, subject to the following conditions: 1. That prior to issuance of a building permit for 1500 South Ninth Street (Parcel "A") or within a period of one (1) year from the date of this decision, whichever occurs first, the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement thirty-two (32) feet in width from the centerline of Ninth Street, including a corner cut-off, for road, public utilities and other public purposes. Extensions for further time to complete this condition may be granted in accordance with Section 18.60.170 (Extension of Time to Comply with Conditions of Approval) of the Anaheim Municipal Code. 2. Proposed Condition No. 2 was intentionally deleted at the Zoning Administrator public hearing. 3. 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. Such information shall be specifically shown on the plans submitted for building permits. h:~ZAdec2005-36VAR.doc - 2 of 4 - ZA 2005-36 • 4. 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. An on-site trash truck turnaround shall also be required. Said information shall be specifically shown on the plans submitted for building permits. 5. 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. 6. That all requests for new water services or fire lanes, as well as any modifications, relocations or abandonment of existing water services or fire lanes, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 7. 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 property owner/developer shall be responsible for the cost to upgrade, or to abandon, any water service or fire line. 8. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement, twenty (20} feet in width, for water service mains and/or an easement for large meters and other public water facilities. 9. That all exterior doors shall have adequate security hardware (e.g., deadbolt locks), as recommended by the Anaheim Police Department. 10. That the laundry room doors shall have view panels installed in the door to increase visibility, as recommended by the Anaheim Police Department. 11. 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 No. 1 (neighborhood site plan), Exhibit No. 2 (site pans for Parcels "A" through "K"), Exhibit Nos. 3, 4 and 5 (Parcel "A), Exhibit Nos. 6, 7 and 8 (Parcels "B" and "C"), Exhibit Nos. 9, 10 and 11 (Parcel "G"), Exhibit Nos. 12, 13, 14 and 15 (Parcel "H"), Exhibit Nos. 16, 17 and 18 (Parcel "I"), Exhibit Nos. 19, 20 and 21 (Parcels "E" and "F"), Exhibit Nos. 22, 23 and 24 (Parcel "D") and Exhibit Nos. 25, 26, 27 and 28 (Parcels "J" and "K"); and as conditioned herein. 12. That prior to the issuance of a building permit for each building on Parcels "A" through "I" or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 3, 4, 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 18.60.170 (Extension of Time to Comply with Conditions of Approval) of the Anaheim Municipal Code. 13. That prior to the issuance of an occupancy permit or final building and zoning inspections, whichever occurs first, Condition Nos. 9, 10 and 11, above-mentioned, shall be complied with. 14. 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 28th day of December 2005. Annika M. Santalahti, Zoning Administrator h:~ZAdec2005-36VAR.doc - 3 of 4 - ZA 2005-36 • • 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 fifteen (15 da s of the date of the signing of this decision or unless members of the City Council shall request to review this decision within twelve (12) from the date of signing. 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. MAILING DATE: December 28, 2005 G~-' ~~Q~~.~.vt ~el, Pat Chandler, Senior Secretary ~Q, _/ h:1ZAdec2005-36VAR.doc - 4 of 4 - ZA 2005-36