Resolution-ZA 1990-11DECISION OF THE ZONING ADMINISTRATOR - ZA 90-11
PETITION: VARIANCE NO. 4024 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 5
DATE'OF PUBLIC. HEARING: February 8, 1990
OPPOSITION: No one indicated.. their presence at the public hearing in
opposition; and no correspondence in opposition was received.
OWNER: TARBELL INVESTMENT COMPANY
1403 North Tustin Avenue; Santa Ana, CA 92701.,.
LOCATION: 321 South State College Boulevard
REQUEST: Petitioner requests waiver of the .following under authority of Code
Section 18.12.060.050 to construct a 3,193 sq.ft. office buildings
- Sections 18.44.063.040 - Minimum structural setback.
`(10 foot landscaped setback required
along north property line [RS-7200
zoning]; ..none 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
date set forth above, I do hereby find:
1. That the request 'is minimal because the .adjacent property to; the .north,
although zoned RS-7200 "Residential, Single Family", has been approved for
CL-"Commercial, Limited" zoning in connection with Reclassification No.
62-63-29 ...(which approved CL zoning for he entire block face. along State
College Boulevard), that 'the- entire block face along State College
.Boulevard except the adjacent northerly property is zoned and developed
with commercial uses; that the wall area located along the north property
line is about 24 feet long (about 22 ~ of the entire. north property line),
'and that said north facing wall has ,no windows facing the adjacent RS-7200
zoned lot;
2. .That .there are special circumstances applicable o 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 UALITY ACT FINDING: That_,the Zoning Administrator
has' reviewed the proposal for waiver of minimum structural setback to
construct 'a 3,193 sq.ft. office building on a rectangularly-shaped parcel of
land.,consisting of approximately, 0.17 acres haling a frontage of approximately
70 feet on ;the west side of State College Boulevard, having a maximum depth of
approximately 110 feet, being. located. approximately 300 feet south' of the
centerline of Broadway and further described as 321 South State College
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Variance No. 4024
Boulevard; 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.
Based on the evidence .and testimony presented to me, I do hereby determine to
approve Variance No. 4024, subject to the following conditions:
1. * That prior to issuance of a building permit, a traffic signal assessment
fee shall be paid to the City of Anaheim in an amount as established by
City Council-resolution.
2. * That .plans shall be submitted to the City Traffic Engineer .for his
review and approval showing conformance,with Engineering Standard Plan
Nose.. 436F and 601D pertaining to parking standards. Subject property
shall` thereupon be developed and maintained in conformance with said
..plans:.
3. That the driveway on State College Boulevard shall be constructed with
ten (10) foot radius curb returns as required by the City .Engineer in
conformance with-Engineering Standard No. 137.
4. That,no "compact" or "small car".parking spaces shall be permitted.
5. That a 'site plan shall: be submitted to the -City 'Traffic Engineer showing
existing property and street conditions adjacent to the subject property.
6. * That fire sprinklers .shall be installed as required by .the City Fire
Department.
7. * That -street lighting facilities along State College Boulevard shall be
installed as required by the Utilities General Manager in .accordance
with .specifications on 'file in the Office of the Utilities General
Manager; or that security in the form of a bond, certificate of deposit,
" letter of credit, or cash, in an amount and formesatisfactory to the
City. of Anaheim, shall be posted -with the- City to guarantee .the.
satisfactory completion of the above-mentioned improvements. Said
security shall be posted with the-City of .Anaheim prior to issuance of a
building permit: The- above-required. improvements shall be installed
prior to`occupancy.
8. * That sidewalks shall be repaired along State College Boulevard as
required by the City Engineer and in accordance with standard plans and
,specifications on file in the ..Office of the City Engineer.
9. That any proposed parking area lighting fixtures adjacent to any
residential property shall be down-lighted with a maximum height `of
twel a (12) feet. Said lighting fixtures shall be directed away from
adjacent residential property lines to protect the residential integrity
of the area and shall be so-indicated on the plans submitted- for
building permits.
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Variance No. 4024
10. That the proposal shall comply with all signing requirements of the CL
"Commercial, Limited".Zone, .unless a variance allowing sign waivers is
approved by the City Council, Planning Commission or Zoning Administrator.
11. * That the on-site landscaping and irrigation system shall be maintained in
compliance .with City standards.
12. 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 the Planning Department
marked Exhibit Nos. 1 through 6; provided,, however, that the two (2) foot
'-wide landscape planter separating the parking area from the adjacent
.:property to the north shall be widened to three and one half (3-1/2) to
four (4) feet (parked cars may. project eighteen [18] to twenty four [24]
inches over said planters).
13. That prior to issuance of a building permit or within a period of one (1)
year from- the date of this decision, whichever occurs first,_ Condition
Nos. 1, 2, 5, 7 and 9, .above-mentioned, ahall 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.
I4. That prior to final building and zoning inspections, Condition Nos. 3, 6,
7, 8, 9, and 12, above-mentioned, shall be complied with.
15. * 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.. Conditions marked with an asterisk
(*) are required by .established laws, codes, regulations and/or
agreements and are are note subject to negotiation..
This decision is made, signed, and ente ed into the file this fifteenth day of
February, .1990. L
Annika M. Santalahti
Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City Council,
in ,writing, 2-ccompanied 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
Cty`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 Staten Mail, a
copy of the decision to the applicant and did forward~,,a/ copy to the City Clerk..
DATED: February 15, 1990 ~lGy~2~/ /~K c ~~.o~
Pamela H. Starnes, Executive Secretary
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