Resolution-ZA 2009-9RESOLUTION NO. ZA2009-9
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
APPROVING A PREVIOUSLY ADOPTED CEQA NEGATIVE
DECLARATION AND APPROVING AN AMENDMENT TO VARIANCE NO. 3717
(TRACKING VARIANCE NO. 2009-04786)
(1651 WEST CERRITOS AVENUE)
WHEREAS, on November 19, 1987, the Anaheim City Zoning Administrator
approved ZA No. 87-35 granting Variance No. 3717 to waive the required lot frontage to establish
a 3-lot subdivision at 1651 West Cerritos Avenue; and
WHEREAS, this property is currently developed with one single family residence
within the RS-2 (Single Family Residential) zone .and the Anaheim General Plan designates this
property for Low Density Residential land uses; and
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition to amend
Vazance No. 3717 (Tracking No. VAR2009-04786) to delete a condition of approval pertaining to
structural height of single family residences for certain real property situated in the City of
Anaheim, County of Orange, State of California shown on Exhibit A, attached hereto and
incorporated herein by this reference; and
WHEREAS, the Decision of the Zoning Administrator (ZA No. 87-35), Condition of
Approval No. 14, states the following:
"That the owner(s) of subject property shall record a covenant against the property
limiting development of all lots to single-story, single-family residential structures.
Said covenant shall be recorded with the office of Orange County Recorder and a
copy of the recorded covenant shall be furnished to the Zoning Division."
WHEREAS, the applicant proposes to construct two, two-story single family residences.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center
in the City of Anaheim on September 3, 2009 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 vaziance and to investigate and make findings and recommendations in connection
therewith, and
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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 proposed amendment to the variance, would not adversely affect the
adjoining residential and commercial land uses and the growth and development
of the area in which it is proposed to be located because surrounding properties
are currently developed with two story residences.
2. That granting the proposed amendment to the variance will not be detrimental to
the peace, health, safety and general welfaze of the citizens of the City of
Anaheim.
THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator has
reviewed the proposal and does hereby find that the previously-approved CEQA Negative
Declazation in connection with Variance No. 3717 is adequate to serve as the required
environmental documentation in connection with this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the
reasons hereinabove stated, does hereby approve the amendment to Variance No. 3717 is to delete
Condition of Approval No. 14 adopted in connection with ZA No. 87-35.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Zoning Administrator Decision ZA No. 87-35, adopted in connection with Vaziance
No. 3717 shall remain in full force and effect.
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 set forth in Zoning Administrator Decision ZA No.
87-35, as amended. 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
chazges 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 September 3, ?009. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
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BE IT FURTHER RESOLVED that the 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 regazding any other
applicable ordinance, regulation or requirement.
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NAHEIM ZONING ADMINISTRATOR
ATTEST:
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 September 3, 2009.
IN WITNESS WHEREOF, I have hereunto set my hand this 3`d day of September,
2009.
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
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EXHIBIT "A"
VARIANCE NO. 3717
(Tr~cl:ing No. YAR2009-04786)
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EXHIBIT "B"
VARIANCE NO. 3717
(TRACHING VARIANCE NO.2009-04786)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
FOR
MONITORING
1 The subject property shall be developed substantially in Flanning
accordance with plans submitted to the City of Anaheim by
the applicant and which plans are on file with the Planning
Department marked Exhibit No. 1(Site Plan) and as
conditioned herein.
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City of Anaheim
PL,~IVIVIIVG ®E1'AgZ'T1VIEIV'T
wwvcanaheim.nel
September 8, 2009
Dennis Libby
1651 West Cerritos Avenue
Anaheim, CA 92802
SUBJECT: VARIANCE N0.3717 (TRACHING NO. VAR2009-04786) / ZA2009-9
Congratulations! Your proposed project at 1651 West Cerritos Avenue was
approved by the Zoning Administrator on September 3, 2009. Enclosed is a copy of
the Zoning Administrator's decision. Please keep in mind that this decision will not
be final until the fifteen (15) day appeal period expires. If an appeal is made or if the
City Council decides to hold an additional public hearing, your project planner will
notify you immediately and provide you the date of the public hearing.
The action of the Zoning Administrator is contained in the attached resolution. You
will notice the resolution has a table containing conditions of approval related to your
project. The City deparhnent responsible for monitoring this condition is listed in
the last column (i.e. Planning, Public Works or Police). Please contact Vanessa
Norwood, (714) 765-4934, VNorwood cr anaheim.net, to discuss the next .step for
moving your project forward. I have also attached a process flow chart so you know
what remaining steps are necessary to complete your project.
Please make sure to keep these documents in a secure place. In the event the
property is sold, provide the attached resolution to the new/prospective property
owner.
Thank you for choosing Anaheim for your project. Make sure to complete and return
the enclosed survey regarding our process. If there is any way we can improve our
service, please let us know.
Sincerel ,
C
CJ strop, CP
Pla ing Services Manager
Enclosures
c: Danh Cong Ho, DCH Associated, Inc., 1100 North Tustin Avenue, Suile 105, Anaheim, CA 92807
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
TEL (714)765-5139