Resolution-ZA 1990-01• •
DECISION OF THE ZONING ADMINISTRATOR - ZA 90-1
PETITION: VARIANCE NO. 4015 CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: January ll, 1990
OPPOSITION: No one indicated their presence at the public hearing in
opposition; and no correspondence in opposition was received.
OWNER: FRANK FELDHAUS, JR.
612 South Harbor Boulevard, Anaheim, CA 92805
LOCATION: 612-616 South Harbor Boulevard
REQUEST: The petitioner requests waiver of .the following under authority of
Code Section 18.12.060:050 to construct a 2,165 sq.ft., 2-story
addition to an existing-1,532 sq.ft. office building:
Section 18.41.063.010 - Minimum structural. setback.
(10 feet required along Harbox Boulevard;
3 feet 6 inches existing and proposed)
Having been appointed Zoning Administrator by the Planning Director, pursuant
to Anaheim Municipal Cade Section 18.12.040, 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 the proposed waiver is minimal because it consists of an addition
connecting two buildings which already have existing setbacks of 3 feet 6
inches from Harbor Boulevard;
2. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical and other commercial
zoning classification in the vicinity because other existing commercial
buildings have similar front setbacks; and
3. 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING:, That the Zoning Administrator
has reviewed the proposal for waiver of minimum structural setback to
construct a 2,165 sq.ft., 2-story addition to wn existing 1,532 sq.ft, office
building on a rectangularly shaped parcel of land consisting of approximately
0.20 acre, having a frontage of approximately 92 feet on the east side of
Harbor Blvd., having. a maximum depth of approximately 99 feet, being located
approximately 165 feet south of the centerline of Water Street, and further
described as 612-616 South Harbor Blvd.; 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.
0414g 1 ZA 90-1
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Page 2
Variance No. 4015
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 4015,. 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 established by City Council resolution.
2. * That the legal owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim a strip of .land sixty (60) feet in width
from the centerline of the street along Harbor Boulevard for street
widening purposes.
3. That the vehicular access rights to Harbor Boulevard shall be released
and relinquished to the City of Anaheim.
4. * That a cash payment shall be made to the City of Anaheim for the cost of
the removal of existing street improvements along Harbor Boulevard and
reconstruction/construction of full street improvements at the ultimate
location. Said payment shall be made prior to issuance of a building
permit.
5. * That a fee .for street lighting purposes along Harbor Boulevard shall be
paid to the City of Anaheim in an amount as established: by City Council
resolution.
6. That .prior to issuance of a building permit, the legal owner of subject
property shall dedicate to the City of Anaheim a five (5) foot-wide
public utility easement along/across the east property line (alley).
7. * That a lot line adjustment plat shall be submitted to the Subdivision
Section and approved by the City Engineer and then recorded in the
Office of the Orange County Recorder to combine the two (2) existing
lots.
8. * That subject property shall be served by underground utilities.
9. * That trash storage areas shall be .provided and maintained in a location
acceptable to the Street Maintenance and Sanitation Division and in
accordance with approved plans on file with said Division. Such
information shall be specifically shown on the plans submitted for
building permits.
10. That the existing driveway on Harbor Boulevard shall be removed and
replaced with standard curb, gutter and sidewalk.
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 fife with .the Planning Department
marked Exhibit Nos. 1 through 4.
04148 2 ZA 90-1
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Page 3
Variance No. 4015
12. That prior to issuance of a building permit or within a period of one
(l) year from the. date of this decision, whichever occurs first,
Condition Nos. 1 through 7, above-mentioned, shall be 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.
13. That prior to final building and zoning inspections, Condition Nos. 8,
9, 10 and ll, 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. Further, conditions marked with
an asterisk (*) are required by .established laws, codes, regulations
and/or agreements and are are not subject. to negotiation.
This decision is made., signed, and entered into the file this eighteenth day
of January, 1990.
Annika M. 5antalahti
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: January 18, 1990
Pamela H. Starnes, Executive Secretary
0414g 3 ZA 90-1