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Resolution-ZA 1991-06_, w "+: DECISION NO. ZA 91-6 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 4108 PETITION: .VARIANCE N0.;4108 GEOA STATUS: CATEGORICAL EXEMPTION, CLASS 5 DATE OF PUBLIC HEARING: January,,24, 1991 OWNER: STERIR COMPANY, 828 Moraga Drive,-Bel Air CA .90049 AGENT: ENVIRONMENTAL SCIENCE & ENGINEERING, Attention: Mark Sandon 18350 Mt. Langley, Suite 100; Fountain Valley CA 92708 LOCATIONS 101 North Beach Boulevard OPPOSITION: No one indicated their presence. at the public hearing in opposition,-and no correspondence in opposition was received. REOUEST: Petitioner requests waiver of the following under .authority of .Code Section 18.12.060:050 to place a 400 sq.ft. soil-treatment facility. in an existing commercial center: SECTIONS 18..04.045.014 - Minimum setback. and 18.44.063 (35 feet .from Lincoln 'Avenue required; 10 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 the proposal does not involve any structures other than a block wall enclosure and transportable treatment unit located within the special 35-foot setback along Lincoln Avenue; 2. That ...the facility is required°by the Orange County Health Department for remediation of soil and shallow ground water found-under subject property, which property was previously developed with a service station; 3. That-the petitioner indicated at the public hearing that the .proposal is temporary and the estimated term for which it will be needed is 2 years; 4. That there are 'special circumstances applicable to the property consisting of location and 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 UALITY ACT FINDING: .That the Zoning Administrator has reviewed the proposal for waiver,of minimum setback to place a 400 sq.ft. soil-treatment facility in an existing commercial. center on a rectangularly-shaped parcel of land consisting of approximately 0.42 acre located°at the northwest corner of Lincoln Avenue and Beach Boulevard, having ZA-4108 -1- ZA 91-6 -. ~/ Page 2 Variance No. 4108 approximate frontages of 135 feet on the north side of Lincoln Avenue and 135 feet 'on the west.. side of Beach Boulevard, and further described as 101 North Beach Boulevard; and that the Planning: Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 5, as defined in the State EIR Guidelines and is,.therefore, categorically exempt from the requirement to prepare an EIR: Based on he evidence and testimony presented to me, I do hereby determine to approve Variance No. 4108, subject to the following conditions: 1. 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 No. 1. 2. That prior to issuance of a building permit or within a period of one (1) year -from the date of this decision, whichever occurs first, Condition No. 1, 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. 3. 'That at the completion of subject clean-up project., all clean-up facilities including the block wall enclosing the transportable treatment unit shall be dismantled and/or xemoved from subject property and the underlying area shall be returned to usage as three (3) parking spaces including restriping and repaving, if :necessary. 4. 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 regarding any other applicable ordinance, regulation ar requirement. This decision is made, signed, and entered into the file this thirtieth day of January, 1991. 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: January 30, 1991 ~~~11Y~~i ~ /fi Pamela H. Starnes Administrative Assistant ZA-4108 -2- ZA 91-6