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Resolution-ZA 1988-78:!. ~..'. • • DECISION OF THE ZONING ADMINISTRATOR - ZA 88-78 PETITION: VARIANCE N0. 3869 CEQA STATUS: NEGATIVE DECLARATION DATE OF PUBLIC HEARINGS: November 17, 1988, continued to December 1, 1988, and readvertised for December 15, 1988. OPPOSITION: One person indicated his opposition at the December 15, 1988, public hearing; no one indicated their presence in opposition at the November 17 and December 1, 1988, meetings; and no correspondence was received. OWNER: HAROLD V. TOLAR, P.O. Bos 1106, Helendale, CA 92342 AGENT: KIRK TIMOTHY MUHEARN, 24680 Malibu-Road, .Malibu, CA 90265 LOCATION: 429 South Euclid. Street REQUEST: Petitioner requests waiver of the following under .authority of Code Sections 18.12.060.040 and 18.12.060.050 to construct a 2-stoxy, 5,280 square foot commercial office building: (A) SECTION 18.44.062.011 - Maximum structural height. .(12.5 feet permitted when located 25 :feet from single-family residential zoning; 13 feet proposed). { B) SECTION 18.44.063.040 -Minimum landscaped setback abutting a residential zone boundary. (10 feet required; 0-5 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 dates set forth above, I do hereby find: 1. That waiver (A) is minimal because the building height is only 6-inches higher than permitted by Code and accounts for less than a 1-foot deep. strip along the west .portion of the building; 2. That waiver (B) as it pertains to the north property line is minimal because said adjacent property, although zoned residentially, is designated for General Commercial land uses by the Anaheim General Plan: 3. .That waiver (B) as it pertains to the west property line is minimal because there- will. be a similar amount (1,100 sq. ft. ) of landscaping and open patio area provided along the southerly 36 .feet of said property line as that which is required by Code (1,000 sq,ft.) for the entire 100-foot long west .property line, and that the northerly 64 feet will be used for open parking for the proposed office building which-use will generally be a day time activity; 0145g 1 ZA 88-78 • • Page 2 Variance No. 3869 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 Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has reviewed the proposal for waiver of maximum structural height and minimum landscaped setback abutting a residential zone to construct a 2-story, 5280 square foot commercial office building on an irregularly-shaped parcel of land consisting of approximately 0.28 acre, having a frontage of approximately 100 feet on the west side of Euclid Street, having a maximum depth of approximately 122 feet, being located 650 feet south of the centerline of Broadway. and further described as 429 South Euclid 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. 3869, subject to the following conditions: 1. 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. 2. That curbs and gutters shall be repaired along Euclid Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That the existing driveways on Euclid Street shall be removed and replaced with standard curb and gutter and .sidewalk. 4. That sidewalks shall be installed along Euclid Street as .required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 5. That the driveway shall be constructed with ten (10) foot radius curb returns as required by the City Engineer. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. 6. That all parking spaces adjacent to and parallel with any solid wall or fence must be a minimum of ten (10) feet wide, and that the landscaping adjacent to the west property line must include minimum ten (10) gallon sized trees planted on minimum twenty (20) foot .centers. 0145g 2 ZA 88-78 • • -Page 3 Variance No. 3869 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 6; and that a minimum six (6) foot high block wall must be maintained along the entire west property line with the height being measured from .the highest adjacent grade level and that a higher block wall not to exceed eight (8) feet may be constructed if the abutting property owners agree. 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 No. 1, above-mentioned, shall Abe 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. 9. That prior to final building and zoning inspections, Condition Nos. 2, 3, 4, 5, 6 and 7, above-mentioned, shall be complied with. 10. That approval of t] request only to the. Zoning Code and any include any action request regarding requirement. its application constitutes. approval of the proposed extent that it complies with the Anaheim Municipal other applicable City regulations. Approval does not or findings as to compliance. or approval of the .any other applicable ordinance, regulation or This decision is made, signed, and entered into the file this nineteenth day of December, 1988. Annika M. 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. DATED: December 19, 1988 ~~!/~'j1l~GA/ ~• ~~~9il.,l-a~ Pamela H. Starnes,: Executive Secretary 0145g 3 ZA 88-78