Resolution-ZA 1988-40• ~
DECISION OF THE ZONING ADMINISTRATOR - ZA 88-40
PETITION NO.: VARIANCE N0. 3813 CEQA STATUS: NEGATIVE DECLARATION
DATE OF `PUBLIC HEARING: June 30, 1988
OPPOSITION: No one indicated their presence in opposition. and no
correspondence was received.
OWNER: FRED HUNTER, 224 East Broadway, Anaheim, CA 92805
LOCATION: 224 East`Broadwav
REQUEST: To construct an 8,245 square-foot commercial office building with
waivers of the. following:
(a) SECTIONS 18.06.050.0212,.- Minimum Number of Parkina Spaces.
18.06.080, (33 required; 32 proposed)
and 18.44.-066.050
(b) SECTIONS 18.04.043.101 -Maximum Fence Height.
and 18.44.064.080 (6 feet permitted; 8 feet 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 granting of waiver (a) will not cause an increase in traffic congestion
in the immediate vicinity nor adversely. affect any adjoining land uses;
2. That granting of waiver (a) under the conditions imposed, if any, 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 minimal and that safe vehicular lines-of-sight will be
maintained along the street and alley;
4. That there are special circumstances applicable to the property such as
size, shape, topography, location or surroundings, which do not apply to
other identically zoned properties in the vicinity; and
5. That strict application of the Zoning Cade deprives the property of
privileges enjoyed by other properties in identical zoning classification in
the vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator
has reviewed the proposal to construct an 8,245 square foot commercial office
building with waivers of (a) minimum number of parking spaces and (b) maximum
fence height on a rectangularly-shaped parcel of land consisting of
approximately 0.35 acre located at the southwest corner of Broadway and
Philadelphia Street, .having approximate frontages of `120 feet on the south side
of Broadway anct l28 feet on the west'side of Philadelphia Street and further
described as 224 East Broadway; and does hereby approve the Negative Declaration
upon finding that she has considered the Negative Declaration together with
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Variance No. 3813
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, S do hereby determine to
approve Variance No.-3813, subject to the following conditions:
1. That a fee shall be paid to the City of Anaheim for street lighting along
Philadelphia Street im an amount as determined by City Council resolution.
2. That a fee shall be paid to the City of Anaheim for tree planting along
Broadway and Philadelphia Street in an amount as determined by City
Council resolution.
3. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an amount
as determined by City Council resolution.
4. That the legal owner of subject property shall irrevocably offer to
-dedicate to the City of Anaheim a strip of land 27.75 feet in width from
the centerline of the street along Broadway including a 15-foot radius
corner return for street widening purposes.
5. That, as required by the City Engineer, (a) a cash payment shall be made
to_the City of Anaheim for the cost of the removal of existing street
improvements along Broadway and reconstruction/construction of full
street improvements at the ultimate location, or (b) security in the form
of a band, certificate of deposit or letter of credit shall be posted
with the City to guarantee said reconstruction/construction. Said
payment or posting of said bond shall be made prior to issuance of a
building permit.
6. That prior to final building. and zoning inspections, sidewalks shall be
removed and/or reconstructed along Broadway and Philadelphia Street as
required by the City Engineer and in accordance with standard plans and
specifications on file in the Office of the Gity Engineer.
7. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through 4; provided, however, that as approved by the City Traffic
Engineer, a gartion of the 8-foot wall may be required to be lowered to
36 inches near Philadelphia .Street and/or the public alley to maintain
safe vehicular lines-of-sight.
8. That prior to issuance of a building permit, or within a period of one
year from the date of this decision, whichever occurs first, Condition
Nos, l through 5, 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.
2 ZA 88-40
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Variance No. 3813
9. That prior to final building and zoning inspections, Condition No. 7,
above-mentioned, shall be complied with.
10. 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 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 seventh day of
July, 1988. /'~~
Annika M, 5antalahti
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.
DATED: July 7', 1988 ~' ~~~
Pamela H Starnes, Senior Secretary
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2 ZA 88-40