Resolution-ZA 1988-65• •
DECISION OF THE ZONING ADMINISTRATOR - ZA 88-65
PETITION: VARIANCE N0. 3870 CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: November 17, 1988
OPPOSITION; No one indicated their presence in opposition and no
:correspondence was received.
OWNER: STERIK COMPANY, ATT: JANE P. LIEBERMAN
828 Moraga Drive, Bel Air, CA 90049
LOCATION: 88 East Oranaethorpe Avenue
REQUEST: Petitioner requests waiver of the following under authority of
Code Section 18:06".080 to establish a maximum of
26,990-square feet of fast food uses in an existing retail center:
SECTIONS 18.06.050.022 - Minimum number of parking spaces.
18.06.050.0233 (1.065'spaces required;
and 18.45.066.050 642 spaces 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 finds
1. That the parking variance for the specific land use distribution shown on
the approved'site plan will-;not cause an increase in traffic ,congestion
in ,.the immediate vicinity nor adversely affect any adjoining land uses;
and
2. That the _granting of the variance under the conditions imposed will not
be detrimental to the-peace, health, safety or general welfare 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
establish a maximum total of 26,990 square feet-of fast food restaurant uses
in an existing retail center on an irregularly-shaped parcel of land
consisting of 'approximately ;71.34 .acres, located `south and east of the
southeast corner of Orangethorpe Avenue and Lemon Street, .having approximate
- frontages of 375 feet on 'the south side of Orangethorpe Avenue and .640.: feet on
-.the east side of Lemon Street,-and further described as 88 East Orangethorpe
Avenue; 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.
0146g 1 ZA 88-65
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Page 2
Variance No. 3870
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Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3870, subject to the following conditions:
1. That all new driveways on Lemon Street shall be constructed to
accommodate ten (10) foot radius curb .returns. Any existing broken or
cracked driveways shall be removed and replaced as required by the City
Engineer.
2. .That .access to Durst Street shall be obtained from the City of Anaheim
and that a driveway be constructed on Durst Street with the location to
be approved by the City Traffic Engineer.
3. That in connection-with the construction of any new. buildings, a driveway
and circulation- plan 'be submitted to the City Traffic Engineer -for
approval..
4. That in connection. with the construction of any new buildings, street
lighting facilities along Lemon Street shall-be installed as required by
the Utilties;General;Manager in accordance-with specifications on file
in the :Office of Utilities General Manager; or that-security in the form
of a. bond, certificate' of deposit, letter of credit., or cash, in an
amount and form satisfactory 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 -for -.such new buildings. The
above-required improvements shall be installed prior to occupancy.
5. 'That construction of any new buildings authorized by this decision shall
be served by underground utilities.
6. That on-site fire hydrants will-be required if there are none.
7. That ,subject property shall be developed substantially in accordance with
plans°and specifications on file with the City of Anaheim marked Revision
Nos. 1 and 2.
8. That prior to issuance of a building permit for the construction of any
new buildings, Condition Nos. 3 and 4, 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.
9. That prior to final building and zoning inspections for any interior
building modifications or improvements, or within a period of one.. year
from the date of this decision, whichever occurs first, Condition Nos... 1,
b and 7, above-mentioned, shall be complied with.
01468 2 ZA 88-65
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Page 3
Variance No. 3870
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10. ..That prior to final building and. zoning .inspections for construction of
- any new buildings, Condition Nos. l through 7, above-mentioned, shall be
complied with..
11. 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 twenty-third day
of November,' 1988.
Annika M. Santalahti
Zoning Administrator
NOTICE: This decision shall become finale 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 : November 2 3 , 19 8 8 ~~~"~ ~ ~- "~/ L:lJ~:e~"-
Pamela H. Starnes, Executive Secretary J `~4Q
0146g 3 ZA 88-65