Resolution-ZA 1999-09# ~
DECISION NO. ZA 99-9
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.4353
OWNER: Louis J. Wiener
9323 La -Alba Drive
Whittier, CA 90603
AGENT: ANACAL ENGINEERING COMPANY
Attn: -Glen Gwatney
1900 E. La Palma Ave., #202
Anaheim, CA 92805
LOCATION: 8205 East Santa Ana Canyon Road (Pep Boys and vacant property)
HEARING DATE: March 11, 1999
OPPOSITION: No one indicated .their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Waiver of the following.: to establish a 2-lot CL(SC) °Commercial, Limited -
Scenic Corridor Overlay"zoned subdivision:
Section 18.01.130 - Minimum lot frontage abutting a public or
private street..-
{All lots in the CL(SC) zone shall abut at least
one public street; proposed parcel 2 has no
public street frontage)
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 onthe date set forth above,' I do hereby find;
1. That there are special circumstances pertaining to the shape of this site which has a
narrowstreet frontage consisting of the panhandle which containsthe driveway to Santa
Ana Canyon Road, which would preclude this property from being subdivided into two
parcels in the manner typicafty required by Code.
2. That the strict application of the Zoning Code would deprive this :property of the ability to
create two commercial parcels because identically zoned commercial sites in the area are
developed with individual parcels which share driveways and an internal access road,
thereby eliminating the need#or each parcel to have its own street frontage.
CALIFORNIA ENVIRONMENTAL QUALITY ACT,.FINDINGS: That the Zoning Administrator has
reviewed the proposal for waiver of minimum lot frontage abutting a public or private street to
..:.establish a 2-lot commercial subdivision in the CL(SC)-Zone on an inegulariy-shaped 3.5-acre
parcel with a frontage of 65 feet on the north side of Santa Ana Canyon Road, a maximum depth
of 515 feet and .being located 922. feet west of the centeriine of Weir Canyon :Road, and further
described as 8205 East Santa Ana Canyon`Road (Pep Boys and vacant property); and does
hereby approve the Negative Declaration upon finding than 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.
ZA-V4353.doc -1- ZA99-9
Based on the evidence and testimony presented to me, I do hereby determine to .approve
Variance No. 4353, subject to the following conditions:
1. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 2846.
2. That subject property shall be developed substantially in accordance with plans and
specit'ications submitted to the City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Exhibit No. 1, and as conditioned herein.
3. .That no wail signs shall be placed on any building wall facing the State Route 91/Riverside
Freeway.
4. That if either new parcel (Parcel No. 1 or Parcel No. 2) is to be developed with more than
one (1) business, a conditional use permit shall first be obtained as required by Code
.Section 18.44.050.135 to expand the existing "Commercial Retail Center" (as defined by
Code Section 18.01.040) which occupies the properties located on the west side of Wier
Canyon Road between the SR 91/Riverside Freeway and Santa Ana Canyon Road.
5. 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 reganiing any other applicable ordinance, regulation
or requirement.
This decision is made, signed, and entered into the file this 18th day of March, 1999.
s
Annika M. Santalahti, Zoning Administrator
NOTICE:
This decision shall become final unless an appeal#o 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 hail request to review #his decision within said 15 days.
DECLARATION OF SERVICE BY MAIL:
1 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: March 18, 1999 /J~ 61.E , ~ ~ ~,~~ ,n ,
Patdcia_Koral, Word Processing Operator
ZA-V4353.doc -2- ZA99-9