Resolution-ZA 1989-23f '.
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DECISION OF THE ZONING ADMINISTRATOR - ZA 89-23
PETITION: VARIANCE NO. 3930. CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 3
DATE OF PUBLIC HEARING: April 6, 1989
OPPOSITION: No one indicated their presence in opposition at the public
hearing; and no correspondence in opposition was received.
OWNERS: F.J. HANSHAW ENTERPRISES, INC.
GORDON R. and SHELBA J. HANSHAW
10921 Westminister Avenue, Garden Grove, CA 92643
AGENT: F.J. HANSHAW or KARL KORDIK
10921:Westminister Avenue, Garden Grove,. CA 92643
LOCATION:. 1112. North Brookhurst Street
REQUEST: Petitioner requests waiver of the following under authority of Code
Sections 18.06.080 and 18.12,060.110 to permit a 945 sq.ft. donut shop.
SECTIONS _18.06.050.022 - .Minimum number of_parking spaces.
18.06.050.0231 (82 required; 60 proposed)
and 18.06.050.0233
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 requested waiver is specifically for a proposed 945 sq.ft. donut
shop in an existing commercial center which has a total of 9T89 sq.ft. of
retail and restaurant uses, and that the parking demand study which was
submitted to justify the proposed parking was approved by the City Traffic
Engineer;
2. That approval of this variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect any adjoining
land uses; and
3. The 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 for waiver of minimum number of parking spaces to
construct a .945 sq.ft. donut shop on a irregularly-shaped parcel of land
consisting of approximately 0.94 acre located at the northeast corner of
La Palma Avenue and Brookhurst Street, having approximate frontages of 127 feet
on the north side of La Palma Avenue and 83 feet on the east side of Brookhurst
Street and further described as 1112 North Brookhurst Street; and that. the
Planning Director or his authorized representative has. determined that the
proposed project falls within the definition of Categorical Exemptions, Class 3,
as defined in the State EIR Guidelines and is, therefore, categorically exempt
.from the requirement to prepare an EIR.
0223g 1 ZA 89-23
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Page 2
Variance No. 3930
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3930, subject to the following conditions:
1. That the legal owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim, an additional strip of land twelve (12)
feet in width along I,a Palma Avenue and Brookhurst Street.
2. 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
established by City Council resolution.
3. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 and 2.
4. 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 Nos.
l and 2, 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.
5. That. prior to final. building and zoning inspections, Condition No. 3,
above-mentioned, shall be complied with..
6. 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 thirteenth day of
April, 1989.
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Annika M,` Santalahti
Zoning Administrator
NOTICES 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 Gity
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: April 13, 1989 ,,~DLti!~~ ;~ic~ /~ ~ ,~~~~/h.G~/
Pamela H. Starnes, Executive Secretary
0223g 2
ZA 89-23