Resolution-ZA 2008-05
RESOLUTION NO. ZA2008-5
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
APPROVING A CATEGORICAL EXEMPTION, CLASS 5 AND
APPROVING VARIANCE NO. 2008-04750
(900, 910, 912 AND 916 SOUTH HARBOR BOULEVARD
AND 406 AND 410 WEST VERMONT AVENUE)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for
Variance for waiver of minimum parking lot landscaping for certain real property situated in the
City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto
and incorporated herein by this reference.
WHEREAS, the applicant requests approval of a variance to construct a 17,878
square foot office building with less parking lot landscaping than required by code; and
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic
Center in the City of Anaheim on April 10, 2008, at 9:30 a.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
variance and to investigate and make findings and recommendations in connection therewith;
and
WHEREAS, said Zoning Administrator, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the petitioner requests waiver of the following to construct a 17,878 square
foot single-story office building to be used by the Social Security Administration:
(a) SECTION NO. 18.46.060
Parking lot landscaping.
(2 landscape planters proposed
within the parking lot; 4 landscaped
planters required).
(b) SECTION NO. 18.08.060.0101
Minimum landscaped setback
(deleted)
2. That there are exceptional circumstances relating to waiver (a) that do not apply
generally to other properties or uses in the same vicinity and zone in that the proposed office
building is required to comply with Federal standards which require a 20 foot buffer zone
surrounding the entire building for security purposes which limits the ability of the site to be
developed with a strict adherence to Code requirements for the minimum parking lot landscape
requirements while at the same time maintaining the minimum number of required parking
spaces.
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3. That, because of the exceptional circumstances identified in the above paragraph
regarding waiver (a), the strict application of the zoning code would deprive the property of
privileges enjoyed by other property under identical zoning classifications in the vicinity.
4. That waiver (b) is hereby withdrawn, as requested by the applicant, subsequent to
advertisement of the variance.
5. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to subject petition.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 5 (Minor Alterations in Land Use Limitations), as defined in
the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional
environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator
does hereby approve Variance No. 2008-04750, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
COA Conditions of Approval Responsible for
Monitorin
TIMING: P RIOR TD ISSUANCE OF BUILDING PERMIT
1 That plans shall be submitted showing conformance with the Planning,
current version of Engineering Standard details 436 and 470
pertaining to parking standards. Subject property shall Public Works,
thereupon be developed and maintained in conformance Traffic Engineering
with said plans.
2 That Lot Line Adjustment No. 655 must be approved by the Public Works -
City and recorded in the Office of the Orange County Development
Recorder. Services
3 That plans shall show conformance with the current version Public Works -
of Engineering Standard Detail 115 pertaining to sight Traffic Engineering
distance visibility for signs, landscaping, and fence/wall
locations and pertaining to commercial driveways, to the
satisfaction of the City Engineer.
4 That plans shall show that four (4) foot high address Police
numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. Said numbers shall
not be visible from view of the street or adjacent properties.
Said information shall be subject to the review and approval
of the Police Department and the Planning Department,
Plannin Services Division.
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5 That plans shall demonstrate that all above-ground utility Public Utilities
devices shall be located on private property and outside any Water Engineering
required setback areas unless otherwise permitted by Code. and Electrical
Engineering
6 That owner shall irrevocably offer to dedicate to the City of Public Utilities -
Anaheim a twenty (20) foot wide easement for all water Water Engineering
service laterals, and an easement for other public water
facilities to the satisfaction of the Water Engineering
Division of the Public Utilities Department. The
requirements and easement notes of the Public Utilities
Department, Water Engineering Division shall be included
in all easement dedications/deeds for water facilities.
~ That prior to submitting an application for water meters, fire Public Utilities -
lines or water improvement plans for approval, whichever Water Engineering
occurs first, owner shall submit to the Public Utilities
Department, Water Engineering Division, an estimate of the
maximum fire flow rate and maximum day and peak hour
water demands for the entire project. This information will
be used to determine the adequacy of the existing water
system to provide the estimated water demands. Any off-
site water system improvements required to serve the project
shall be done in accordance with Rule No. 15A.6 of the
Water Utilit Rates, Rules, and Regulations.
8 That plans submitted for building permits shall indicate that Fire
fire lanes shall be posted with "No parking Any Time"
si ns.
GENERAL
9 That on-going during project operation, no required parking Public Works -
areas shall be fenced or otherwise enclosed for outdoor Development
storage uses. Services
10 That subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the
City of Anaheim by the applicant and which plan are on file
with the Planning Department marked Exhibits Nos. 1
through 3 and as conditioned herein.
11 That approval of this application constitutes approval of the Planning
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.
12 That timing for compliance with conditions of approval may Planning
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be amended by the Planning Director upon a showing of
good cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition(s),
(ii) the modification complies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator
meeting of April 10, 2008. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
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ANAHEIM ZONING ADMINISTRATOR
ATTEST:
~~rti~
SENIOR SECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Zoning Administrator, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Zoning Administrator held on April 10, 2008.
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
2008.
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SENIOR SECRETARY, ANAHEIM ZONING ADMINISTRATOR
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