Resolution-ZA 1989-56i,_ ~~_
DECISION OF THE ZONING ADMINISTRATOR - ZA 89-56
PETITION: VARIANCE NO. 3979 CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: August 10, 1989
OPPOSITION: One person indicated his presence in opposition and no
correspondence in opposition was received.
OWNER: BROADWAY MAGNOLIA ASSOCIATES
4040 MacArthur Boulevard #314, Newport Beach, CA 92660
LOCATION: 221 South Magnolia Avenue, Suite R
REQUEST:' Petitioner requests waiver of the following under authority of Code
Section 18.12.060.110 to establish a 1,000 sq.ft. donut shop in an
existing retail center (under construction):
SECTIONS 18.06.050.022 - Minimum number of parking spaces.
18.06.050.0233 (81 required; 69 existing)
18.06.080
and 18..34..066.050
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 City Traffic Engineer concurs with the Parking .Analysis dated
June 12, 1989, and prepared for this specific proposal thereby allowing a
14,.8 deviation from the requi-red number of parking spaces for a
1,D00 sq.ft. donut shop in a 12,.420 sq.ft. retail center;
2. That the proposal is specifically limited to a 1,000 sq.ft. donut shop
which accounts for only`8~ of the total floor space of the retail center;
3. That underlying retail center replaces a prior center and includes
several improvementsz increasing :the overall ratio of .parking spaces to
floor .area. by 10~ .(.parking is .being provided at the current retail
requirement of 5.5 spaces per 1,000 sq.ft. instead of the prior 5 spaces
per 1,000 sq.ft.) and improving the .area traffic safety by reducing the
number 'of driveways to Broadway and Magnolia Avenue from five to two;.
4. That the variance will not cause an increase in traffic congestion in the
immediate 'vicinity nor adversely affect any adjoining land uses; and
5. That the .granting of the variance under the .conditions imposed, if any,
will not be detrimental to the peace, health, safety or general welfare
of the citizens of the City of Anaheim.
0337g 1 ZA 89-56
Wit. '"'
-~
Page 2
Variance No. 3979
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has .reviewed the .proposal for waiver of minimum number of parking spaces to
establish a 1,000 sq.ft. donut shop in an existing retail center on a
rectangularly-shaped parcel of land consisting of approximately. 1.0 acre
located. at the northwest corner of Broadway and Magnolia Avenue, having
approximate frontages of 120 feet on the north side of Broadway and 273 feet
on the west side of Magnolia Avenue, and further described as 221 South
Magnolia Avenue, Suite R; 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.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3979, subject to the following conditions:-
, 1. That approval of this parking waiver is specifically limited to a one
thousand (1,000) square foot donut shop in a twelve thousand four hundred
twenty (12,420) square foot 'retail center..
2. 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. 5.
3. That prior to final building and zoning inspections, Condition No. 2,
above-mentioned, shall be complied with..
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 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 fourteenth .day
of August, 1989.
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 l5 davs 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.
DECLARATLON 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: August 14, 1989 ~ „~ /~s//.1~
Pamela A. Starnes,-Executive Secretary
0337g 2 ZA 89-56