Resolution-ZA 1988-02• •
DECISION OF THE ZONING ADMINISTRATOR - ZA 88-02
PETITION NO.: VARIANCE N0. 3752 CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: January 28, 1988
OPPOSITION: 6 people spoke in opposition at the public hearing;
correspondence: 0.
OWNERS: ARNT G. QUIST, TRUSTEE OF THE QUIST INC. RETIREMENT TRUST, 3737
Birch Street, Suite 200, Newport Beach, CA 97660
AGENT: EL CENTRO FOODS, 6930-1/2 Tujunga Avenue, North Hollywood, CA 91605
LOCATION: 300 South Anaheim Boulevard
REQUEST: Petitioner requests waiver of the following to permit a take-out
restaurant in a proposed commercial center:
SECTIONS 18.06.050.022, -Minimum number of parking spaces.
18.06.050.0233, (32 required; 2I proposed)
18.06.080, i
AND 18.12.060.110
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,. that:
1. That a parking demand study was prepared by an independent licensed
traffic engineer and was approved by the Anaheim City Traffic Engineer,
as specified in Anaheim Municipal Code Section 18.06.080;
2. That the variance will not cause an increase in traffic congestion in the
immediate vicinity nor adversely affect any adjoining land uses; and
3. That the granting of the variance under the conditions imposed will not
be detrimental to the peace, health, safety or general welf are of the
citizens of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY: ACT FINDING: That the Zoning Administrator
has reviewed the proposal to waive the minimum number of parking spaces to
permit a take-out restaurant in a proposed commercial center on an
irregularly-shaped parcel of land consisting of approximately 0.30 acre
located at the southeast corner of Broadway and Anaheim Boulevard, having
approximate frontages of 71 feet on the south side of Broadway and 110 feet on
the east side of Anaheim Boulevard, and further described as 300 South Anaheim
Boulevard; 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.
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Page 2
Variance No. 3752
Based on the evidence and testimony presented to me, I do hereby determine to
approve .Variance No. 3752, subject to the following conditions;
1. That the owner of subject property shall irrevocably offer to dedicate to
the City of Anaheim a strip of land 26.75 feet in width from the
centerline of the street along Broadway, including a 25-foot corner
radius return for street widening purposes.
2. That the owner/developer. of subject property shall make a cash payment 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. Said payment shall be made
prior tO issuance of a building permit,
3. That damaged and/or hazardous sidewalks shall be removed and/or
reconstructed along Broadway as required by the City Engineer and in
accordance with .standard plans and specifications on file in the Office
of the City Engineer.
4. That in the event a parcel map is not recorded combining the two existing
lots, the property owner/developer shall furnish the Zoning Division with
a copy of a recorded covenant and agreement in a form approved by the
City. Attorney agreeing to hold subject property as one parcel.
5. That the owner of subject property shall submit a letter requesting
termination of Conditional Use Permit No. 1845 to the Zoning Division.
6. That prior to the commencement of the activity authorized by this
decision, or final building and zoning inspections whichever occurs
first, Condition Nos. 3 and 8, above-mentioned, shall be complied with.
7. That prior to the commencement of the .activity authorized by this
decision, or prior to final building and zoning inspections, or within a
period of one year from the date. of this decision, whichever occurs
first, Condition Nos. 1, 2, 4, 5, 8, 9 and 12, 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.
8. That street lighting facilities along Broadway and Anaheim Boulevard
shall be installed as required by the Utilities General Manager in
accordance with specifications on file in the .Office of Utilities General
Manager, and that security in the form of a bond, certificate of deposit,
letter of credit, or cash, in an amount and form satisf actory to the City
of Anaheim, shall be posted with the City to guarantee the satisfactory
completion of the above-mentioned improvements. Said security shall be
posted with the City of Anaheim prior to issuance of a building. permit.
The above-required improvements shall be installed prior to occupancy.
9. That the new construction authorized by this resolution shall be served
by underground utilities.
0659p 2 ZA 88-02
Page 3
Variance No. 37.52
•
10. That the proposal shall comply with all signing requirements of the CG
Zone, unless a variance allowing sign waivers is approved by the City
Council, Planning Commission or Zoning Administrator.
11. That prior to the commencement of the activity authorized under this
decision, or prior to the time that a building permit is issued, or
within a period of ninety (90) days from the date of this decision,
whichever occurs first, the owner{s) of subject property shall execute
and record a convenant in a form approved by the City Attorney's Office
wherein such owner(s) agree not to conduct any food service such as
selling or dispensing of food or meals (including heating sandwiches,
hamburgers or hot dogs, or to conduct any food service which may be
defined as a fast food restaurant as described in Anaheim Municipal Code
Section 18.01.190.
12. That subject property shall be developed substantially in accordance with
plans. and specifications on file with the City of Anaheim marked Exhibit
Nos. 1, 2 and 3.
13 That approval of this parking waiver is specifically to permit a 975
square foot "Pizza Man", which business shall consist of selling and
delivering .pizza,. salad, soft drinks and packaged .desserts; that there
shall be no customer seating for meal service; that there shall be no
on-sale or off-sale of beer and wine at the "Pizza Man"; and that there
sha17. be no video or amusement devices or games at the "Pizza Man".
14. 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 ar
requirement.
This decision is made, signed, and entered into the file this fourth day of
February, 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 I5 davs 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. OF SERVICE BY MAIL: I do hereby declare under penalty of perjury
that on the date set forth below, I did deposit, in the US Mail, a copy of the
decision to the applicant and did forward a copy to the City Clerk.
DATED : ~~ '~"
0659p
ZA 88-02
`r
Page 3
Variance No. 3752
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10. That the proposal shall comply with all signing requirements of the CG
Zone, unless a variance allowing sign waivers is approved by the City
Council, Planning Commission or Zoning Administrator.
11. That prior to the commencement of the activity authorized under this
decision, or prior to the time that a building permit is issued, or
within a period of ninety (90) days from the date of this decision,
whichever occurs first, the owner(s) of subject property shall execute
and record a convenant in a form approved by the City Attorney's Office
wherein such owner(s) agree not to conduct any food service such as
selling or dispensing of food or meals (including heating sandwiches,
hamburgers or hot dogs, or to conduct any food service which may be
defined as a fast food restaurant as described in Anaheim Municipal Code
Section 18.01.190.
12. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1, 2 and 3.
13 That approval of this parking waiver is specifically to permit a 975
square foot"Pizza Man", which business shall consist of selling and
delivering pizza, salad, soft drinks and packaged desserts; that there
shall be no customer seating for meal service; that there shall be no
on-sale or off-sale of beer and wine at the "Pizza Man"; and that there
shall be no video or amusement devices or games at the "Pizza Man".
14. 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 fourth day of
February, 113
Z''sl~-~~~~-L'~~ Annika M. Santalahti
CC7 Py ~~ ~~ ~ ~..~.. ~ 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 a
member 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 US Mail, a copy of the
decision to the applicant and did forward a copy to the City Clerk.
DATED: ~•~~ `7 ` ! Q ~ ~G~~1L%"~:~~~~ ~de! ~/1?~~~
...........
0659p 3 ZA 88-02