Resolution-ZA 1989-67•
•
DECISION OF THE ZONING ADMINISTRATOR - ZA 89-67
PETITION: VARIANCE N0. 3992 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 5
DATE OF.PUBLI'C HEARING: October 5, 1989.
OPPOSITION: No one indicated, their presence at the public hearing in
opposition, and no correspondence in opposition was received.
OWNER:.. CATANZARITE AND CO., INC.
`2331 West Lincoln Avenue, Anaheim, CA 92801
AGENT:. DAVID C. CARSON
4420-East Miraloma Avenue, Suite F, .:Anaheim, CA 92807
LOCATION: 2331 West .Lincoln Avenue
REQUESTz Petitioner requests waiver of the following under authority of Code
Section 18.12.060.050 to construct a 2nd story deck addition to an
existing commercial office building:
SECTION 18.44.063.040 - Minimum structural setback.
(required: 10 ..feet to any adjacent
residential zone boundary;
proposed: none to RS-A-43,000 zoning)
Having been.appointed Zoning Administrator by the Planning Director, pursuant
to Anaheim Municipal Code Section 1812.D40, 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 hereby find:
1. That although the adjacent residential zoning is RS-A-43,000
(Residential/Agricultural):, said adjacent property is developed with a
hon-residential -use in connection with Conditional Use Permit No. 1897
(Rams office :'and` training camp);' and, further, that the proposed deck
will project over part of the`on-site parking: area-and will not adversely
.affect. any parking spaces;
2. 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
3.' 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 OUALITY'ACT FINDING:- Than the Zoning Administrator
has. reviewed the proposal for :waiver of minimum structural setback to
construct a deck on a rectangularly-shaped„parcel of land consisting of
approximately'0.57 -acre having a frontage of approximately 110 ,feet on the
north side of Lincoln Avenue,_ having; a maximum depth of ...approximately 226
feet, being located approximately 760'feet east of the centerline of Gilbert
Street and .further described as 2331 West Lincoln Avenue; and that the
Planning Director or his authorized .representative. has determined that the
proposed .project .falls within the definition of Categorical Exemptions,
Class 5, as defined in the .State EIR- Guidelines and is, therefore,
categorically exempt from the requirement to prepare an EIR.
0373g 1 ZA 89-67
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Page 2
Variance No. 3992
Based on the evidence and testimony presented-to me, I do hereby determine to
APPROVE Variance No.;3992, subject to the following conditions:
* 1. That curbs and gutters shall be repaired along Lincoln Avenue as required
by the City Engineer and. in accordance- with. standard plans and
specifications on file in the Office of the City. Engineer.
* 2. That gates shall not be installed across any driveway in a manner which
may. adversely"affect vehicular traffic in the adjacent public street.
Installation of any gates shall conform to the Engineering Department's
Standard Plan No. 402 and shall be subject to the review and approval of
the City Traffic Engineer prior to issuance of a building permit.
* 3. 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 he Planning Department
marked Exhibit No. l; ,provided, however., that the following information
shall be clearly shown on the. plans submitted for a building permit:
(a) the .appropriate. building code standards .shall be .complied with, and
(b) the.parking`,spaces and. .aisles underneath the deck shall conform to
the .Engineering .Department's Standard Plan Nos. 402, 601, 602 and 604
pertaining to standard details for parking structures.
4. Prior to final building and zoning inspections, Condition Nos. 1 through
3, above-mentioned, shall be complied with.:..
* 5.'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..
-.Further, conditions marked with an asterisk (*) are required by
established laws, codes, regulations and/or ,: agreements and are not
subject to negotiations.
This decision is made, signed, and entered into the file this sixth day. of
October, 1989. ~ Q /f,, ~, f
Ail ~sL ~/yl ,,~t1f ,~
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, L did deposit,. in the United States'Mai a
-copy of the decision to the applicant and did forwar~d~.a cop~y -t-o~~ the City Clerk.
DATED: October 6, 1989 DD ~-Y ~~~~~~
Pamela H. Starnes, Executive Secretary
03738 2. ZA 89-67