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Resolution-ZA 1993-48C~ DECISION NO. ZA 93-48 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 4231 OWNER: Thrifty Realty Co. (A California Corporation) 3424 Wilshire Boulevard Los Angeles, CA 90010 AGENT: Thomas Mauro P.O. Box 10217 .Santa Ana, CA 92711-0217 LOCATION: 1601 East Cerritos Avenue CEQA STATUS: Negative Declaration DATE OF PUBLIC HEARING: August 19, 1993 OPPOSITION: No one indicated their presence at the public heazing in opposition to the proposal, and no correspondence in opposition was received. REQUEST: Petitioner requests waivers of the following to construct 30,000 sq.ft. of office area in an existing 400,400 sq.ft. industrial building under authority of Code Sections 18.12.060.110 and 18.12.060.050: (a) Sections 18.06.050.0212 - Minimum number of parking s~ aces. 18.06.050.031 207 s aces required for specific proposal, as 18 06.080 determined by the parking study; and 18.61.066.050 95? spaces required by Zoning Code; and 386 spaces existing) (b) Sections 18.61.063.010.011 - Permitted encroachments into re uiq. red~ards. and 18.61.064.020 (maximum 3-foot high decorative screen wall permitted within 50 feet of Cerritos Avenue and no encroachments permitted within 5 feet of Vernon Street; existing 8-foot high chain link fence 10 feet from Cerritos Avenue and abutting Vernon Street) 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 parking waiver (a) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses, and that the parking study submitted by the petitioner and dated July 6, 1993 was approved by the. City Traffic Engineering Division for this specific proposal: a single tenant warehouse and distribution center with less than 10% of the floor area being used for offices; za4231.wp -page 1 of 3 - ZA 93-48 • 2. That the granting of the parking waiver (a) under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim; 3. That waiver (b) is granted on the basis that there are special circumstances applicable to the property such as surroundings, which do not apply to other identically zoned properties in the vicinity, because the 10-foot wide setback between Cerritos Avenue and the chainlink fence consists of mature landscaping, including trees and oleander bushes, which screen said fence and which landscaping will be retained; and that the area between Vernon Street and the chainlink fence is similarly landscaped with mature trees and oleander bushes; and 4. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity because other area industrial properties have chainlink fences in the front 50-foot setback along Cerritos Avenue. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has reviewed the proposal for waivers of minimum number of parking spaces and permitted encroachments into required yards to construct 30,000 sq.ft. feet of office area in an existing 400,400 sq.ft. industrial building for property located at the northeast corner of Cerritos Avenue and Vernon Street, having approximate frontages of 903 feet on the north side of Cerritos Avenue and 730 feet on the east side of Vernon Street; 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. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 4231, subject to the following conditions: 1. That any deteriorated slats in the existing chain link fence along Cerritos Avenue or Vernon Street shall be replaced with new redwood slats. 2. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of Variance No. 2850 (waiving minimum front setback, maximum fence height and required enclosure of outdoor uses to permit outdoor trailer storage). 3. That trash storage areas shall be provided and maintained in a location acceptable to the Department of Maintenance and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. 4. That a plan sheet for solid waste storage and collection, and a plan for recycling shall be submitted to the Department of Maintenance for review and approval. 5. 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. za4231.wp -page 2 of 3 - ZA 93-48 • 6. That the legal owner(s) of subject property shall execute and record an unsubordinated covenant in a form approved by the Ciry Attorney's Office wherein such owner(s) agree not to .contest the formation of any assessment district(s) which may be hereafter formed pursuant to the provisions of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include such legal property owners' property. A copy of the recorded covenant shall then be submitted to the Zoning Division. 7. 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.- 2, 3, 4, and 6, 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. 8. That prior to final. building and zoning inspections, Condition Nos. 1 and 5, above-mentioned, shall be complied with. 9. 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. This decision is made, signed, and entered :into the file. this 20th day. of August, 1993. Annika M. Santalahti Zoning Administrator NOTICE: This decision shall become final unless an appeal to the Ciry 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 co of the decision to the applicant and did forward a copy to the City Clerk. DATE:. August 20, 1993 ~ Betty Pres on Sr. Office Specialist za4231.wp -page 3 of 3 - ZA 93-48