Resolution-ZA 1988-78:!. ~..'.
•
•
DECISION OF THE ZONING ADMINISTRATOR - ZA 88-78
PETITION: VARIANCE N0. 3869 CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARINGS: November 17, 1988, continued to December 1, 1988, and
readvertised for December 15, 1988.
OPPOSITION: One person indicated his opposition at the December 15, 1988,
public hearing; no one indicated their presence in opposition at
the November 17 and December 1, 1988, meetings; and no
correspondence was received.
OWNER: HAROLD V. TOLAR, P.O. Bos 1106, Helendale, CA 92342
AGENT: KIRK TIMOTHY MUHEARN, 24680 Malibu-Road, .Malibu, CA 90265
LOCATION: 429 South Euclid. Street
REQUEST: Petitioner requests waiver of the following under .authority of
Code Sections 18.12.060.040 and 18.12.060.050 to construct a
2-stoxy, 5,280 square foot commercial office building:
(A) SECTION 18.44.062.011 - Maximum structural height.
.(12.5 feet permitted when located
25 :feet from single-family
residential zoning;
13 feet proposed).
{ B) SECTION 18.44.063.040 -Minimum landscaped setback abutting
a residential zone boundary.
(10 feet required;
0-5 feet proposed).
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
dates set forth above, I do hereby find:
1. That waiver (A) is minimal because the building height is only 6-inches
higher than permitted by Code and accounts for less than a 1-foot deep.
strip along the west .portion of the building;
2. That waiver (B) as it pertains to the north property line is minimal
because said adjacent property, although zoned residentially, is
designated for General Commercial land uses by the Anaheim General Plan:
3. .That waiver (B) as it pertains to the west property line is minimal
because there- will. be a similar amount (1,100 sq. ft. ) of landscaping and
open patio area provided along the southerly 36 .feet of said property
line as that which is required by Code (1,000 sq,ft.) for the entire
100-foot long west .property line, and that the northerly 64 feet will be
used for open parking for the proposed office building which-use will
generally be a day time activity;
0145g
1
ZA 88-78
• •
Page 2
Variance No. 3869
4. That there are special circumstances applicable to the property such as
size, shape, topography, location or surroundings, which do not apply to
other identically zoned properties in the vicinity; and
5. That strict. application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of maximum structural height and minimum
landscaped setback abutting a residential zone to construct a 2-story,
5280 square foot commercial office building on an irregularly-shaped parcel of
land consisting of approximately 0.28 acre, having a frontage of approximately
100 feet on the west side of Euclid Street, having a maximum depth of
approximately 122 feet, being located 650 feet south of the centerline of
Broadway. and further described as 429 South Euclid Street; and does hereby
approve the Negative Declaration upon finding that she has considered the
Negative Declaration together with any comments received during the public
review process and further finding on the basis of the .initial study and any
comments. received that there is no substantial evidence that the project will
have a significant effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3869, subject to the following conditions:
1. That ,.prior to issuance of a building permit, the .appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an amount
as determined by City Council resolution.
2. That curbs and gutters shall be repaired along Euclid Street as required
by the City Engineer and in accordance with standard plans and
specifications on file in the Office of the City Engineer.
3. That the existing driveways on Euclid Street shall be removed and
replaced with standard curb and gutter and .sidewalk.
4. That sidewalks shall be installed along Euclid Street as .required by the
City Engineer and in accordance with standard plans and specifications on
file in the Office of the City Engineer.
5. That the driveway shall be constructed with ten (10) foot radius curb
returns as required by the City Engineer. Existing broken or cracked
driveways shall be removed and replaced as required by the City Engineer.
6. That all parking spaces adjacent to and parallel with any solid wall or
fence must be a minimum of ten (10) feet wide, and that the landscaping
adjacent to the west property line must include minimum ten (10) gallon
sized trees planted on minimum twenty (20) foot .centers.
0145g 2 ZA 88-78
• •
-Page 3
Variance No. 3869
7. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through 6; and that a minimum six (6) foot high block wall must be
maintained along the entire west property line with the height being
measured from .the highest adjacent grade level and that a higher block
wall not to exceed eight (8) feet may be constructed if the abutting
property owners agree.
8. That prior to issuance of a building permit, or within a period of one
year from the date of this decision, whichever occurs first, Condition
No. 1, above-mentioned, shall Abe complied with. Extensions for further
time to complete said conditions may be granted in accordance with
.Section 18.03.090 of the Anaheim Municipal Code.
9. That prior to final building and zoning inspections, Condition Nos. 2, 3,
4, 5, 6 and 7, above-mentioned, shall be complied with.
10. That approval of t]
request only to the.
Zoning Code and any
include any action
request regarding
requirement.
its application constitutes. approval of the proposed
extent that it complies with the Anaheim Municipal
other applicable City regulations. Approval does not
or findings as to compliance. or approval of the
.any other applicable ordinance, regulation or
This decision is made, signed, and entered into the file this nineteenth day
of December, 1988.
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.
DATED: December 19, 1988 ~~!/~'j1l~GA/ ~• ~~~9il.,l-a~
Pamela H. Starnes,: Executive Secretary
0145g 3 ZA 88-78