Resolution-ZA 1998-20mow:.:? ., ._.w
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DECISION NO. ZA 98-20
A DECISION OF THE ZbNING ADMINISTRATOR
APPROVING VARIANCE N0.4343
OWNERS: Clemencio and Luz Apeles
1572 Pegasus
Santa Ana Heights, CA 92707
LOCATION: 626 South Harbor Boulevard
CEQA STATUS: Negative Declaration
HEARING DATE: July 30, 1998
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following to establish a medical clinic
with a maximum of two employees:
Sections 18.06.050.0211 - Minimum number of parking spaces.
18.12.060.110 L required; 6 proposed and concurred with by the
and 18.41.066.050 City Traffic and Transportation Manager)
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 waiver, under the conditions imposed, will not cause fewer off-street parking
spaces to be provided for such use than the number of such. spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation -of
such use.
2. Thatthe waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
3. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which. property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of the Zoning Code).
4. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for such. use.
5. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
6. That granting of the parking waiver will not cause an increase in traffic congestion in the
immediate vicinity nor adversely affect any adjoining land uses.
7. That granting of the parking waiver, under the conditions imposed, will not be detrimental
to the peace, health, safety or general welfare of the citizens of the City of Anaheim.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the waiver of minimum number of parking spaces to establish a medical clinic with a maximum
of two employees on 0.10 acre, rectangularly-shaped parcel having a frontage of 48 feet on the east side
of Harbor Boulevard, a maximum depth of 97 feet and being located 353 feet south of the centerline of
Water Street (626 South Harbor Boulevard); 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.
4343, subjecf to the following conditions:
1. That a trash storage area shall be provided and maintained in a location acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on
file with said Department. Said storage areas shall be designed, located and screened so as not
to be readily identifiable from adjacent streets or highways. Said information shall be specifically
shown on the plans submitted for Streets and Sanitation Division approval.
2. That a plan sheet for solid waste storage and collection and a plan for recycling shall be
submitted to the Public Works Department, Streets and Sanitation Division, for review and
approval
3. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway location. Subject property shall thereupon
be developed and maintained in conformance with said plans.
4. That due to the change in use and/or occupancy of the building, plans shall be submitted to the
Building Division showing compliance with the minimum standards of the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by
the City of Anaheim. The appropriate permits shall be obtained for any necessary work.
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 Nos. 1 and 2.
6. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim municipal 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.
7. That there shat{ be not more than two (2) employees on the premises at any. given time, based
upon the information contained in the parking study submitted to and approved by the City
Traffic and Transportation .Manager.
8. That a six (6) foot high block wall shall be constructed along the easterly portion of the south
property line, from the existing block wall east to the public alley, to buffer the adjacent residence
to the south. Said wall shall match the existing block wall
9 That one (1) small wall sign, approximately three (3) sq. ft. in size, shall be placed on the rear
(east} wall of the. building, cleariy visible to patients arriving via the alley, to identify the name
and street address of this medical clinic.
10. That granting. of this variance shall be deemed contingent upon operation of the use in
conformance with the assumptions relating to the operation and intensity of the use as contained
in the Parking Demand Study .prepared by Advantec Consulting Engineers dated March 25,
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1998, and on file in the Planning Department. Exceeding, violating, intensifying or otherwise
deviating from any of said assumptions as contained in said Parking Demand Study shall be
deemed a violation of the express conditions imposed upon the granting of this variance which
shall subject said variance to termination or modification. pursuant to the provisions of Sections
18.03.091 and 18.03.092 of the Anaheim Municipal Code.
11. That prior to issuance of building permits, or prior to commencement of the activity herein
approve, or within a period of one (1) year from the date of this decision, whichever occurs first,
Condition Nos. 1, 2, 3 and 4, 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.
12. That prior to final building and zoning inspections or prior to commencement of the activity
herein approved, whichever occurs first, Condition Nos. 5, 8 and 9, above-mentioned, shall be
complied with.
This decision is made, signed, and entered into the file this 6th day of August 1998.
Annika . 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.
DATE: August 6, 1998 `~ ~~I P (~ ~0~~1'l .
Patricia Koral
Word Processing Operator
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