ZA 1987-24•
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DECISION OF THE ZONING ADMINISTRATOR - ZA $7-24
PETITION NO.: VARIANCE N0. 3702 EIR STATUS: Negative Declaration
DATE OF PUBLIC HEARING:` September 24, 1987
OPPOSITION: No. of people attending public hearing 0; Correspondence 0
OWNERS: PHILLIP SPERLING, ET AL, AGENTS: RASMACIYAN-DARNELL, INC.,
3206 Coolidge Avenue 3190 C-1 Airport Loop Dr.
Los Angeles, CA 90066, Costa Mesa, CA 92626
LOCATION: 2745 West Lincoln Avenue
REQUEST: Waive r, of minimum number of parking spaces to construct a 1,632
square foot addition to an existing commercial center.
'DECISION:
Having been appointed Zoning Administrator, pursuant to Anaheim Municipal-Code
Section'18.12.060, 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, 'that:
1. 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 he vicinity; and
2.: That strict application of the Zoning Code deprives the property of
privileges enjoyed bg other properties in identical zoning classification
in` the vicinity. -
3., That the.specific_uses`in-the commercial center include substantial
square `footage for furniture'-sales and large appliance .sales; and that
the property will be deed restricted to that specific square footage; and
further that the covenant shall include a prohibition`of food service or
restaurant activities with .seating capacity unless additional parking is
provided`to meet Code or a variance is granted, except for an area.
limited to 816 square-.feet in the overall centerfor adonut chop, yogurt
shop, or take-out. food typefacility.
4. That the other uses in, the commercial center have very little traffic or
a quick in-and-out type customer `who does not stay in the parking spaces
very long.
ENVIRONMENTAL'IMPACT'REPORT.STATUS:
That I,; he .Zoning Administrator, have reviewed the proposal to construct a
1,632-square foot addition to an existing commercial center with waiver of
minimum number of parking spaces on a rectangularly-shaped parcel of land
consisting of approximately 1.2 acres .located at the, northvrest corner of
Lincoln .Avenue and Syracuse Street, and further described as 2745 West Lincoln
Avenue; and do hereby approve the Negative Declaration upon finding that I
.have considered the'Negative Declaration together with any comments
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received during he 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. 3702, subject-to the following conditions:
1.- That damaged. and/or hazardous `sidewalks shall be removed and/or
reconstructed along.Lincoln Aveune as required by the .City Engineer and
in accordance with standard plans and specifications on file in the
Office of the City Engineer.
2. That all driveways on Lincoln Avenue shall be reconstructed to
accommodate ten (10) foot radius curb returns as required by.the City
Traffic Engineer.
3. That the owner of subject property. shall pay to the City of Anaheim a fee
for tree planting purposes along Lincoln.. Avenue and Syracuse Street in an
amount`as`.determined by the City.: Council.
4. That the existing most easterly driveway on Lincoln Avenue shall be
removed and replaced with a standard curb, gutter, sidewalk and
landscaping. _ ,
5. That-the property ,owner shall furnish to the Zoning, Division a copy of a
"recorded covenant in a form and with content approved by ..the .City
Attorney restricting the westerly-unit (approximately 13,-070 square feet,
currently occupied .by "Waterbed'Gallery") to large appliance/
- furniture/equipment/carpeting/flooring sales only (or a similar use
approved-by the Planning Department). Further,, that the covenant shall
include a restriction .that a maximum of 816 square feet in the overall
center:>may be used. for a restaurant or>food''service.establishment similar
to a donut shop, yogurt shop or take-out type food service with no
seating capacity; and that no restaurant with seating capacity.,shall be
permitted unless a parking variance is granted or additional parking is
provided as-required by the Zoning Code.
6. That prior to issuance of a building permit, he appropriate traffic
signal assessment fee shall be ,paid to the City of Anaheim in an amount
as determined by the City Council.
?. That the new construction authorized by this 'resolution shall be served
by underground utilities.
8. That fire sprinklers shall be instal ed as required by the City Fire
Marshall".
9. That trash.storage areas shall be provided and maintained in accordance
with approved plans on file with the Street Maintenance and Sanitation
.Division.
I0. That the proposal shall comply with all signing-requirements of the CL
Zone, unless a variance allowing sign waivers is approved by the City
Council, Planning Commission or Zoning Administrator.
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11: That a six (6)-foot high masonry block wall shall be constructed and
maintained along the: north property line.
12.' That any proposed parking area lighting fixtures adjacent to the..
residential property_to the north shall be down-lighted with a maximum
height of 12 feet. Said lighting fixtures shall be directed .away .from
adjacent residential property lines to protect the residential integrity
of the area.
13. 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 3.
14.` That. prior. to issuance of a building permit, or within a period of one
year from the date, of this resolution, whichever occurs first, Condition
Nos. 3, 5,'6, 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.
15. That .prior to final building and zoning inspections,:Condition Nos. 1, 2,
4, 7,.8,''9, 11, 12 and'13, above-mentioned, shall be .complied with,
16. That approval of this application_consttutes 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`29th day of
September, .1987.
~/ it
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'T5 days of the date :of the signing of this decision or ..unless a
member of the City Council shall request. to review this decision within said
15 days,
DECLARATION -0F SERVICE BY MAIL: I do hereby declare under"penalty of ,perjury
.that on the `date set:forthbelow, I did deposit, ;in the US Mail, a copy of the
decision to the applicant and did .forward a copy to the City'Clerk.
d
DATED : O 3 o~ ~
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