Resolution-ZA 1992-43,~ _
•
DECISION NO. ZA 92-43
•
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4198, IN PART
LOCATION: 5645 to 5675 East La Palma Avenue
OWNER: IMPERIAL PROMENADE PARTNERS
2300 Michelson Drive #200
Irvine, CA 92715
DATE OF PUBLIC HEARING: September 17, 1992
CEQA STATUS: Categorical Exemption, Class 3
OPPOSITION: One interested person indicated his presence at the public hearing, and no
correspondence in opposition was received.
REQUEST; Petitioner requests waiver of the following under authority of Code Section
18.12.060.090:
Section 18.44.068 - Required site screening.
(13-foot high block wall required adjacent to 7-foot
high elevated railroad tracks; 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 this waiver is approved, in part, requiring a chainlink and/or decorative wrought iron
fence with screen landscaping along the entire north. property line abutting the railroad right-
of-way in order to visually screen the railroad embankment from subject property while
maintaining visibility between subject commercial development and the adjacent arterial
highways; that the fence height shall be a minimum 6 feet high at the west decreasing to
about 3 feet at the east; and that the landscaping shall consist of either intertwining vines or
shrubbery to fully conceal the chainlink fence and the railroad embankment from the south;
2. That there are special circumstances applicable to the property such as topography, location
and surroundings, which do not apply to other identically zoned properties in the vicinity
because the grade difference between subject property and the railroad track ranges from
0 feet (at the east) to about 7 feet (at the west); that Orangethorpe Avenue is located adjacent
to and north of the partially elevated railroad tracks and it is appropriate to maintain visibility
between subject commercial development and said arterial highway; and that it is also
appropriate to maintain visibility between subject property and the intersection of Imperial
Highway and Orangethorpe Avenue to the northeast;
3. That strict application of the Zoning Ccode deprives the property of privileges enjoyed by
other property in identical zoning classification in the vicinity because adjacent property to the
west is separated from the elevated railroad tracks by a 6-foot high block wall;
ZA-4198 -Page 1 - ZA92-43
•
Variance No. 4198
•
4. That the variance will not cause an increase in traffic congestion in the immediate vicinity nor
adversely affect any adjoining land uses; .and
5. That the granting of the variance under the conditions imposed will not be detrimental to the
peace, health, safety or general welfare of the citizens of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has
reviewed the proposal for waiver of required site screening adjacent to a railroad right-of-way for a
commercial retail center (under construction) on an irregularly-shaped parcel of land consisting of
approximately 4.4 acres located northwest of the northwest corner of La Palma Avenue and Imperial
Highway, having approximate frontages of 60 feet on the north side of La Palma Avenue and 708 feet
on the west side of Imperial Highway, and further described as 5645 to 5675 East La Palma Avenue
(Imperial Promenade); and that the Planning Director or his authorized representative has determined
that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in
the State of California Environmental Impact Report (E1R) Guidelines and is, therefore, categorically
exempt from the requirement to prepare an E1R.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
419$, in part, 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 Nos. 1 and 2; including the fencing and
landscaping required in connection. with Condition No. Z, below.
2. That .the following screening shall be provided along the north property line adjoining the
railroad right-of--way:
(a) Fencing consisting of a chainlink and/or decorative wrought iron fence with screen
landscaping;
(b) The height of the fence shall be a minimum six (6) feet high at the west decreasing to
about three (3) feet at the east. Said fence and/or landscaping is >?~ required to
encroach into the minimum building setback along Imperial Highway;
(c) The landscaping shall: consist of intertwining vines {such as star jasmine) and/or
shrubbery, which shall grow. to fully conceal both the fence and the railroad
embankment from subject commercial property;
(d) A specific plan showing the exact fencing material(s) and fence location(s), and the
species, size and location of the landscaping shall be submitted to the Planning
.Department for review and approval; and
(e) Said fencing and landscaping shall be installed prior to final building and zoning
inspections for subject commercial development, and shall be properly maintained
thereafter.
ZA-4198 -Page 2 - ZA92-43
~- s
Variance No. 4198
3. 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. 2(d), 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 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 regazding any other applicable ordinance, regulation or
requirement.
This decision is made, signed, and entered into the file this twenty-fourth day of September, 1992.
' M. Santalahtt
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 davs 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.
DATE: September 24, 1992
amela H. Starnes
Administrative Assistant
ZA-4198 -Page 3 - ZA92-43