Resolution-ZA 2007-07•
RESOLUTION NO. ZA2007-07
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2007-04731 BE GRANTED
(2623 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for
certain real property situated in the City of Anaheim, County of Orange, State of California described as:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 45, PAGE 12 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City
of Anaheim on July 5, 2007 at 9:30 a.m., notice of said public hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to
hear and consider evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Zoning Administrator, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the applicant proposes waiver of the following to expand an existing retail building to
establish a retail glass and mirror business:
(a) SECTION NO. 18.08.060
Minimum landscape setback
(10 feet required; 6_5 feet proposed)
(b) SECTION NO. 18.42.040.010
Minimum number of parking spaces
27 spaces required; 18 spaces proposed)
2. That the requested waiver pertaining to minimum landscape setback is hereby approved
since there are special circumstances applicable to the property because of the narrow lot width, leaving no
other viable areas on the property to accommodate parking spaces and the full landscaped setback adjacent
to the private street.
3. That strict application of the Zoning Code would deprive the property of privileges enjoyed by
other properties with identical zoning in the vicinity since two other front yard setback waivers have been
granted in close proximity to the subject site.
4. That the above-mentioned waiver, under the conditions imposed, will not cause fewer off-
street parking spaces to be provided for such use than the number of such spaces necessary to
accommodate all vehicles attributable to the proposal under the normal and reasonably toreseeable
operation of such use.
5. 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, as indicated in the submitted
parking letter. The letter states that the proposed glass and mirror business would not attract customers in
the same manner as a typical retail business. The parking would be sufficient to accommodate the proposed
glass and mirror business since there would be less demand than a typical retail business and additional
parking for the use would not be necessary.
6. That the waiver will not increase the demand and competition for parking spaces upon
adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site within
the property boundaries.
VAR No. 2007-04731 -1- ZA2007-07
•
7. That the waiver will not increase traffic congestion within the off-street parking areas or lots
provided for the proposed use as ingress and egress to the site would be provided via New Life Way (a
private street) and the driveway on Lincoln Avenue will be eliminated.
8. That nobody indicated their presence at said public hearing in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small Structures), as defined in the
State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does
hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. 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 plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2 as conditioned herein.
2. That the developer/property owner remove and replace the existing driveway approach on
Lincoln Avenue in conformance with Public Works Standard Detail 115-B and obtain aRight-of-Way
Construction Permit from Public Works. All improvements must be complete prior to final building and
zoning inspections.
3. That prior to the issuance of a building permit, the developer shall submit grading plans to the
Public Works Department, Engineering Division, Development Services Division for approval.
4. That prior to the issuance of a grading permit, the applicant shall submit a Water Quality
Management plan to the Public Works Department, Engineering Division, Development Services Division.
Details of the WQMP requirements are available from the Public Works Department.
5. Prior to the issuance of a certificate of occupancy the developer/property owner shall
demonstrate that all structural BMP's described in the project WQMP have been constructed and installed in
conformance with approved plans and specifications, that the applicant is prepared to implement all non-
structural BMP's described in the project WQMP, that an adequate number of copies of the approved WQMP
are available onsite and submit for review and approval by the City an Operation and Maintenance Plan for
all structural BMP's.
6. (Deleted at the public hearing]
7. That prior to issuance of a building permit, or within a period of one (1) year from the date of
this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, and 5, above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with Code
Section No. 18.03.090 of the Anaheim Municipal Code.
8. 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.
9. (Added at the public hearing] That final landscape and fencing plans for the subject property
shall be submitted to the Planning Department for review and approval. Said plans shall show minimum 24-
inch box size trees, shrubs, groundcover, and clinging vines to be planted in layers along all walls visible from
-2- ZA2007-07
•
the public right-of-way and private street (New Life Way}. The landscape material selected shall be appropriate
to the width of either the parkway or the planter area. Plans shall also show a maximum three (3) foot high wall
located within the required front setback area adjacent to Lincoln Avenue. Any decision made by the Planning
Services Division regarding said plan may be appealed to the Zoning Administrator as a Reports and
Recommendations item. All trees shall be properly and professionally maintained by the property owner to
ensure mature, healthy growth. Such information shall be specfically shown on the plans submitted for building
permits.
8. (Added at the public hearing] That the use shall comply with all signing requirements of the C-
G zone unless a variance allowing sign waivers is approved by the City Council, Planning Commission, or
Zoning Administrator. Such information shall be specifically shown on the plans submitted for building permits.
BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of July 5,
2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the
Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal. ~
DATE ANAHEIM ZONING ADMINISTRATOR
TT
SENIOR ECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the
foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on July 5,
2007.
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
2007.
SR. SEC ETA AHEIM ZONING ADMINISTRATOR
-3- ZA2007-07
City of Ana~im
PLANNING DEPARTMENT
www.anaheim.net
July 11, 2007
Rick Moser
Z 1296 Monterra
Lake Forest, CA 92630
CASE NO. VARIANCE NO. 2007-04731
Dear Mr. Moser:
Congratulations! Your application for Variance No. 2007-04731 has been
approved by the Anaheim Zoning Administrator. A copy of the Zoning
Administrator's decision is enclosed.
The Zoning Administrator's decision is final unless it is appealed to the City
Council or the City Council chooses to review the Zoning Administrator's
decision. An appeal must be filed by July 26, 2007. If an appeal is not filed, the
Zoning Administrator's decision is final and you may proceed with your project.
If an appeal is filed, we will contact you to explain the process and hearing
schedule. If you wish to appeal the decision, we can provide copies of the form(s)
and answer any questions you may have regarding the process.
The Zoning Administrator approved your project subject to compliance with
conditions of approval noted in the decision. It is important that you satisfy these
conditions within the timeframes indicated. Most conditions must be met within
one year of approval or prior to obtaining a building permit, whichever occurs
first. If you need additional time to comply with your conditions of approval,
please contact us.
If your project involves a rezoning and/or a subdivision map, further actions will
be necessary to complete the approval process.
At any time throughout the project, please feel free to contact Scott Koehm at
(714) 765-5139 or (email) skoehm@anaheim.net. Your planner can help get the
right staff members involved to resolve your questions.
Thank you for your investment in our community. We look forward to the
successful completion of your project.
S' rely, ~~~ J'
Dave See,
Senior Planner
200 South Anaheim Boulevard
P.D. Box 3222
Anaheim, California 92803
TEL (714)765-5139
City of Ana~m
PLANNING DEPARTMENT
July 11, 2007
Jong B. Hong
2747 W. Orange Avenue
Anaheim, CA 92804-3203
CASE NO. VARIANCE NO. 2007-04731
Dear Mr. Hong:
•
Congratulations! Your application for Variance No. 2007-04731 has been
approved by the Anaheim Zoning Administrator. A copy of the Zoning
Administrator's decision is enclosed.
The Zoning Administrator's decision is final unless it is appealed to the City
Council or the City Council chooses to review the Zoning Administrator's
decision. An appeal must be filed by July 26, 2007. If an appeal is not filed, the
Zoning Administrator's decision is final and you may proceed with your project.
If an appeal is filed, we will contact you to explain the process and hearing
schedule. If you wish to appeal the decision, we can provide copies of the forms}
and answer any questions you may have regarding the process.
The Zoning Administrator approved your project subject to compliance with
conditions of approval noted in the decision. It is important that you satisfy these
conditions within the timefrarnes indicated. Most conditions must be met within
one year of approval or prior to obtaining a building permit, whichever occurs
first. If you need additional time to comply with your conditions of approval,
please contact us.
If your project involves a rezoning and/or a subdivision map, further actions will
be necessary to complete the approval process.
At any time throughout the project, please feel free to contact Scott Koehm at
(714) 765-5139 or (email) skoehm@anaheim.net. Your planner can help get the
right staff members involved to resolve your questions.
Thank you for your investment in our community. We look forward to the
successful completion of your project.
Si erely,
Dave See,
Senior Planner
200 South Anaheim Boulevard
P.O. Box 3222
Anaheim, California 92803
www.anaheim.net I TEL (714) 765-5139
• •
RESOLUTION NO. ZA2007-07
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2007-04731 BE GRANTED
(2623 WEST LINCOLN AVENUE}
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for
certain real property situated in the City of Anaheim, County of Orange, State of California described as:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 45, PAGE 12 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City
of Anaheim on July 5, 2007 at 9:30 a.m., notice of said public hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to
hear and consider evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Zoning Administrator, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the applicant proposes waiver of the following to expand an existing retail building to
establish a retail glass and mirror business:
{a) SECTION NO. 18.08.060 Minimum landscape setback
10 feet required; 6_5 feet proposed)
(b) SECTION NO. 18.42.040.010 Minimum number of parking spaces
27 spaces required; 18 spaces proposed)
2. That the requested waiver pertaining to minimum landscape setback is hereby approved
since there are special circumstances applicable to the property because of the narrow lot width, leaving no
other viable areas on the property to accommodate parking spaces and the full landscaped setback adjacent
to the private street.
3. That strict application of the Zoning Code would deprive the property of privileges enjoyed by
other properties with identical zoning in the vicinity since two other front yard setback waivers have been
granted in close proximity to the subject site.
4. That the above-mentioned waiver, under the conditions imposed, will not cause fewer off-
street parking spaces to be provided for such use than the number of such spaces necessary to
accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable
operation of such use.
5. 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, as indicated in the submitted
parking letter. The letter states that the proposed glass and mirror business would not attract customers in
the same manner as a typical retail business. The parking would be sufficient to accommodate the proposed
glass and mirror business since there would be less demand than a typical retail business and additional
parking for the use would not be necessary.
6. That the waiver will not increase the demand and competition for parking spaces upon
adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site within
the property boundaries.
VAR No. 2007-04731 -1- ZA2007-07
•
7. That the waiver will not increase traffic congestion within the off-street parking areas or lots
provided for the proposed use as ingress and egress to the site would be provided via New Life Way (a
private street) and the driveway on Lincoln Avenue will be eliminated.
8. That nobody indicated their presence at said public hearing in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small Structures), as defined in the
State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does
hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. 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 plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2 as conditioned herein.
2. That the developer/property owner remove and replace the existing driveway approach on
Lincoln Avenue in conformance with Public Works Standard Detail 115-B and obtain aRight-of-Way
Construction Permit from Public Works. All improvements must be complete prior to final building and
zoning inspections.
3. That prior to the issuance of a building permit, the developer shall submit grading plans to the
Public Works Department, Engineering Division, Development Services Division for approval.
4. That prior to the issuance of a grading permit, the applicant shall submit a Water Quality
Management plan to the Public Works Department, Engineering Division, Development Services Division.
Details of the WQMP requirements are available from the Public Works Department.
5. Prior to the issuance of a certificate of occupancy the developer/property owner shall
demonstrate that all structural BMP's described in the project WQMP have been constructed and installed in
conformance with approved plans and specifications, that the applicant is prepared to implement all non-
structural BMP's described in the project WQMP, that an adequate number of copies of the approved WQMP
are available onsite and submit for review and approval by the City an Operation and Maintenance Plan for
all structural BMP's.
6. (Deleted at the public hearing)
7. That prior to issuance of a building permit, or within a period of one (1 }year from the date of
this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, and 5, above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with Code
Section No. 18.03.090 of the Anaheim Municipal Code.
8. 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.
9. Added at the public hearing] That final landscape and fencing plans for the subject property
shall be submitted to the Planning Department for review and approval. Said plans shall show minimum 24-
inch box size trees, shrubs, groundcover, and clinging vines to be planted in layers along all walls visible from
-2- ZA2007-07
~ s
the public right-of-way and private street (New Life Way). The landscape material selected shall be appropriate
to the width of either the parkway or the planter area. Plans shall also show a maximum three (3} foot high wall
located within the required front setback area adjacent to Lincoln Avenue. Any decision made by the Planning
Services Division regarding said plan may be appealed to the Zoning Administrator as a Reports and
Recommendations item. All trees shall be properly and professionally maintained by the property owner to
ensure mature, healthy growth. Such information shall be spec'rfically shown on the plans submitted for building
permits.
S. (Added at the public hearing] That the use shall comply with all signing requirements of the C-
G zone unless a variance allowing sign waivers is approved by the City Council, Planning Commission, or
Zoning Administrator. Such information shall be specrfically shown on the plans submitted for building permits.
BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of July 5,
2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the
Anaheim Municipal Code pertaining to appeal procedures and may be re laced by a City Council Resolution
in the event of an appeal.
~7- < <-®~ ~.~.
DATE ANAHEIM ZONING ADMINISTRATOR
TT
~._
SENIOR ECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the
foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on July 5,
2007.
IN WITNESS WHEREOF, I have hereunto set my hand this 1 day of
2007.
SR. SEC ETA AHEIM ZONING ADMINISTRATOR
-3- ZA2007-07
City of Ana~m
PLANNING DEPARTMENT
DECISION NO. MM2007-3
A DECISION OF THE PLANNING DIRECTOR
APPROVING A MINOR MODIFICATION (MIS2007-00211)
www.anaheim.net
APPLICANT: Anaheim Redevelopment Agency
Andy Nogal
201 South Anaheim Boulevard
Anaheim, CA 92805
CASE NO. MIS2007-00211
ADDRESS: 1619 S. Hampstead and 1607 -1613 S. Calle Del Mar
APPLICATION
RECEIVED: July 18, 2007
DATE
APPROVED: July 26, 2007
REQUEST: Waiver of minimum number of parking spaces (1,267 spaces required;
1,187 spaces proposed) to renovate three existing apartment complexes
in conjunction with the Jeffrey Lynne Phase Four Housing Revitalization
Project, under authority of 18.62.045.010 (Minor Modifications) of the
Anaheim Municipal Code.
Having been appointed by the Planning Director to decide the above-referenced petition I do
hereby find:
Code;
1. That the modification is consistent with the purposes and intent of the Zoning
2. That the same or similar result cannot be achieved by using provisions in the
Zoning Code that do not require the modification;
3. That the modification does not conflict with the provisions of the California
Building Standards Code or other codes, as adopted by the City;
4. That the modification will not produce a result that is out of character or
detrimental to the neighborhood;
5. That the project area is developed with an integrated apartment complex
consisting of 108 properties. Out of this total, there are 78 "participating" properties, 28 "non
participating" properties, one market, and one community center property. This complex is
zoned RM-4 (Multiple Family Residential). The City of Anaheim General Plan Land Use
Element Map designates these properties for Medium Density Residential land uses.
6. That the three subject properties are currently developed with apartment
complexes in the RM-4 (Multiple Family Residential) zone with the following characteristics:
200 South Anaheim Boulevard
P.O. Box 3222
Anaheim. California 92803
TEL (714) 765-5139
•
Page 2
MIS2007-00211
1619 S, Hampstead - 8 units existing; 12 bedrooms existing and 16 bedrooms proposed; 8 on-site
parking spaces existing and proposed.
1607 -1613 S. Calle Del Mar - 16 units existing (8 units for each property); 16 bedrooms existing
and 32 bedrooms proposed; 16 on-site parking spaces existing and proposed.
7. That the applicant proposes to refurbish the subject apartment buildings to make the units
more livable, add recreational-leisure space, increase the City's affordable housing stock, reduce crime,
refurbish blighted properties, and develop an aesthetic continuity throughout this planned multi-family
community.
8. That the parking requirement for all "participating" properties within the Hermosa Village
apartment complex is as follows:
Parking requirements per Zoning Code Section 18.42.030
1 Bedroom - 2.0 spaces
2 Bedroom - 2.25 spaces
3 Bedroom - 3.0 spaces
4 Bedroom - 3.5 spaces
Units by Bedrooms Code Parkina Spaces Reauired
1 BR-105 Units X2.0 =210
2 BR - 246 Units X 2.25 = 553.5
3 BR - 156 Units X 3.0 = 468
4 BR - 10 Units X 3.5 = 35
TOTAL 517 Units 1,266.5 Spaces
Existing parking spaces 1,187 Spaces
Percent Deviation 9.3%
9. That as described above, the requested 9.3 percent deviation would comply with the maximum
10 percent deviation permitted under Section 18.62.045.020.0201 of the Anaheim Municipal Code.
10. That the subject properties are contiguous to other "participating" properties (owned or leased
by the Anaheim Housing Authority) within the self-contained and gated Hermosa Village apartment
complex. The Anaheim Redevelopment Agency submitted a memorandum dated July 26, 2007 stating that
the complex contains an adequate number of parking spaces to accommodate the actual parking demand
at the site based on the following:
• The abandonment of Lynne, Hampstead, and Audre Drive allows for the construction of new
open parking spaces to increase the overall available parking on the site;
• The privatization of said streets and the implementation of security vehicular gates allows for
increased parking control and reduces the use of parking areas by outsiders;
• The implementation of a permit parking program allows for assigned parking and an equitable
distribution of parking for residents;
• The implementation of strict occupancy controls limits the number of residents and families
living in one unit, thereby reducing the number of vehicles in the complex.
L`
Page 3
MIS2007-00211
•
Based on the evidence and testimony presented to me, I do hereby determine to approve the Minor
Modification (MIS2007-00211), subject to the following conditions:
1. 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 plans are on file with the
Planning Department marked Exhibit Nos. 1 - 8.
2. 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 26th day of July, 2007.
~~
David See, Senior Planner
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) days of the date of the signing of this decision or
unless members of the City Council shall request to review this decision within seven (7) 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.
J
DATE: July 26, 2007
Pat Chan er, Senior Secretary
City of Ana~im
PLANNING DEPARTMENT
DECISION NO. MM2007-4
A DECISION OF THE PLANNING DIRECTOR
APPROVING A MINOR MODIFICATION (MIS2007-00213)
www.anaheim.net
OWNER: Nick and Demetra Powell
1414 West Wedgewood Drive
Anaheim, CA 92801
AGENT: John W. Linnert
1980 Continental Avenue
Costa Mesa, CA 92627
CASE NO. MIS2007-00213
ADDRESS: 1414 West Wedgewood Drive
APPLICATION
RECEIVED: August 1, 2007
DATE
APPROVED: August 6, 2007
REQUEST: Waiver of minimum side yard setback (8 feet required; 6 feet, 5 inches
proposed) to demolish 578 square feet and construct a 1,060 square foot
addition to the side yard of an existing single family home under authority
of 18.62.045.010 (Minor Modifications) of the Anaheim Municipal Code.
Having been appointed by the Planning Director to decide the above-referenced petition I do
hereby find:
1. That the modification is consistent with the purposes and intent of the Zoning
Code;
2. That the same or similar result cannot be achieved by using provisions in the
Zoning Code that do not require the modification;
3. That the modification does not conflict with the provisions of the California
Building Standards Code or other codes, as adopted by the City;
4. That the modification will not produce a result that is out of character or
detrimental to the neighborhood;
5. That the minimum side yard setback required for asingle-family residence in the
RS-1 (Single Family Residential) zone is 8 feet and 6 feet, 5 inches is proposed. Code
permits a maximum deviation of 20% for the side yard setback under the Minor Modification
process and a 20% deviation is proposed. Therefore, this minor modification request would
be in compliance with the maximum 20 percent deviation permitted under Section
18.62.045.020.0202 of the Anaheim Municipal Code.
200 South Anaheim Boulevard
MIScQ®63:7.~0213dcj.doc
Anaheim, California 92803
TEL (714) 765-5139
MM2007-4
C~
Page 2
MIS2007-00213 Decision
•
6. That pursuant to Code Section No. 18.62.045.020.0202.01, Minor Modifications may be
approved for a side yard setback deviation subject to a letter of consent from adjacent property owners
directly affected by the requested modification as determined by the Planning Director. The applicant
submitted written consent from the adjacent property owner at 1420 Wedgewood Drive.
Based on the evidence and testimony presented to me, I do hereby determine to approve the requested
Minor Modification (MIS2007-00213), subject to the following conditions:
1. 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 plans are on file with the
Planning Department marked Exhibit Nos. 1 - 9, as conditioned herein.
2. 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 6th day of August, 2007.
Davi See, Senior Planner
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) dam of the date of the signing of this
decision or unless members of the City Council shall request to review this decision within seven (7) 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 7, 2007 j.~~~-~ 21/''
Pat Chandler, Senior Secretary
MIS 2007-00213dcj.doc MM2007-4
City of Ana~eim
PLANNING DEPARTMENT
August 2, 2007
Manuel Zavala
2993 Blue Star Street
Anaheim, CA 92806
Following is an excerpt from the minutes of the Anaheim Zoning Administrator meeting of
August 2, 2007.
2a. CEQA CATEGORICAL EXEMPTION -CLASS 15
2b. TENTATIVE PARCEL MAP NO. 2007-132
OWNER: Manuel Zavala
2993 Blue Star Street
Anaheim, CA 92806
AGENT: Apex Land Surveying Inc.
8512 Oxley Circle
~ Huntington Beach, CA 92646
j LOCATION: 2993 Blue Star Street: This irregularly-shaped, 1.28-acre property has
~ a frontage of 178 along the north side of the terminus of Blue Star Street,
~ a maximum depth of 275 feet, and is located 402 feet east of the
centerline of Red Gum Street.
~ Tentative Parcel Map No. 2007-132 - to establish a 1-lot, 2-unit industrial airspace
~ subdivision.
ACTION: The Anaheim Zoning Administrator has reviewed the proposal to establish a 1-lot,
2-unit industrial airspace subdivision and does hereby approve a CEQA Categorical
Exemption, Section 15315, Class 15 (Minor Land Divisions), as defined in the State CEQA
(California Environmental Quality Act) Guidelines.
The Anaheim Zoning Administrator does hereby determine that the proposed tentative parcel
map, including its design and improvements, is consistent with the Anaheim General Plan,
and does therefore approve Tentative Parcel Map No. 2007-132, to establish a 1-lot, 2-unit
industrial airspace subdivision subject to the following conditions:
That an unsubordinated restricted covenant providing reciprocal access and parking
approved by Planning Services Department and in a form satisfactory to the City Attorney
shall be recorded with the Office of the Orange County Recorder. A copy of the recorded
covenant shall then be submitted to the Development Services Division. In addition,
provisions shall be made in the covenant to guarantee that the entire complex shall be
managed and maintained as one (1) integral parcel for purposes of parking, vehicular
circulation, signage, maintenance, land usage and architectural control, and that the
covenant shall be referenced in all deeds transferring all or any part of the interest in the
property.
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
Excerpt Subtpm No. 2007-132
www.anaheim.net TEL (714) 765-5139
That prior to final map approval, a maintenance covenant shall be submitted to the
Subdivision Section and approved by the City Attorney's Office. The covenant shall
include provisions for maintenance of private facilities, and a maintenance exhibit. The
covenant shall also include provisions for regular landscape maintenance, the removal of
trash, debris and graffiti within twenty-four (24) hours after it becomes located on the
parcel, and the maintenance of reciprocal easements and parking areas, building
exteriors, signage, and trash collection facilities.
3. That interior floor plans and the boundaries of the airspace units shall be reflected on the
map. Said plans shall be reviewed and approved by the Building Division to ensure
appropriate separation between the airspace units as required by the Uniform Building
Code.
4. That prior to final map approval, the final map shall be submitted to and approved by the
City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office
of the Orange County Recorder (Subdivision Map Act, Section 66499.40).
5. That there shall be a recorded use agreement satisfactory to the City Attorney's office for
all parcels sharing fire protection equipment and associated appurtenances.
6. That the legal owner of subject property shall provide the City of Anaheim with a public
utilities easement (dimensions will vary with electrical deign), along/across high voltage
lines, 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.
7. That prior to the earlier of either the conveyance of the first industrial airspace unit
("Units") or the issuance of the temporary or permanent "Certificate of Occupancy" for
the first unit approved in connection with Parcel Map 2007-132, applicant shall execute
and record with the Orange County Recorder a declaration of covenants, conditions and
restrictions ("CC&Rs") satisfactory to the California Department of Real Estate creating
maintenance obligations, including compliance with the approved Water Gluality
Management Plan, and to establish a financial mechanism or financial mechanisms to
maintain all of the building exteriors and improvements located on the property except
for (i) the Units which are owned by the individual owners and (ii) any exclusive use
easements or other areas designated for maintenance by the individual owner of the
Unit as specified in the CC&Rs.
8. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 5, 6, and 7, herein-
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.
Pat Chandler, Senior Secretary
Excerpt Subtpm No. 2007-132