Resolution-ZA 1991-06_,
w "+:
DECISION NO. ZA 91-6
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4108
PETITION: .VARIANCE N0.;4108 GEOA STATUS: CATEGORICAL EXEMPTION,
CLASS 5
DATE OF PUBLIC HEARING: January,,24, 1991
OWNER: STERIR COMPANY, 828 Moraga Drive,-Bel Air CA .90049
AGENT: ENVIRONMENTAL SCIENCE & ENGINEERING, Attention: Mark Sandon
18350 Mt. Langley, Suite 100; Fountain Valley CA 92708
LOCATIONS 101 North Beach Boulevard
OPPOSITION: No one indicated their presence. at the public hearing in
opposition,-and no correspondence in opposition was received.
REOUEST: Petitioner requests waiver of the following under .authority of .Code
Section 18.12.060:050 to place a 400 sq.ft. soil-treatment facility.
in an existing commercial center:
SECTIONS 18..04.045.014 - Minimum setback.
and 18.44.063 (35 feet .from Lincoln 'Avenue required;
10 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 date
set 'forth .above, I-do hereby find:
1. '' That the proposal does not involve any structures other than a block wall
enclosure and transportable treatment unit located within the special
35-foot setback along Lincoln Avenue;
2. That ...the facility is required°by the Orange County Health Department for
remediation of soil and shallow ground water found-under subject property,
which property was previously developed with a service station;
3. That-the petitioner indicated at the public hearing that the .proposal is
temporary and the estimated term for which it will be needed is 2 years;
4. That there are 'special circumstances applicable to the property consisting
of location and 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 UALITY ACT FINDING: .That the Zoning Administrator
has reviewed the proposal for waiver,of minimum setback to place a 400 sq.ft.
soil-treatment facility in an existing commercial. center on a
rectangularly-shaped parcel of land consisting of approximately 0.42 acre
located°at the northwest corner of Lincoln Avenue and Beach Boulevard, having
ZA-4108 -1- ZA 91-6
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Variance No. 4108
approximate frontages of 135 feet on the north side of Lincoln Avenue and 135
feet 'on the west.. side of Beach Boulevard, and further described as 101 North
Beach 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 he evidence and testimony presented to me, I do hereby determine to
approve Variance No. 4108, subject to the following conditions:
1. 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 No. 1.
2. 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 No. 1,
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.
3. 'That at the completion of subject clean-up project., all clean-up facilities
including the block wall enclosing the transportable treatment unit shall be
dismantled and/or xemoved from subject property and the underlying area shall be
returned to usage as three (3) parking spaces including restriping and repaving,
if :necessary.
4. 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 ar requirement.
This decision is made, signed, and entered into the file this thirtieth day of
January, 1991.
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: January 30, 1991 ~~~11Y~~i ~ /fi
Pamela H. Starnes
Administrative Assistant
ZA-4108 -2- ZA 91-6