Resolution-ZA 1989-70.-~ `" ~ ~ .
DECISION OF THE ZONING ADMINISTRATOR - ZA 89-70
PETITION: VARIANCE. NO.-4005 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 5
DATE OF PUBLIC HEARING: 'November 16, 1989, continued to November 30,,1989.
OPPOSITION: -0ne person spoke at 'the public hearing. in opposition; and no
correspondence in opposition was received.
OWNER: Ball-Lemon Center Inc.
Attention.: Charles Sedgh
9301 Wilshire Boulevard
Beverly Hills, CA 90210
LOCATION: 135 WEST BALL'ROAD
REQUEST: Petitioner requests waiver of the following under authority of
Code Section 18.12.060.110 to establish 2,000 sq.ft. of fast food
uses in an existing 6,880 sq.ft. commercial retail center:
SECTIONS 18.06.050.02.2 - Minimum number of parking spaces.
18.06.050.0238 (CZ2. required; 36;exsting)
18.06.080
and 18.44:066.050
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 a parking demand study, titled "Ball Road, Mall Parking Study
Anaheim-California" and dated October_17, 1898, was submitted to the City
and approved by- the'City Traffic Engineer for the specific proposed
combination of uses at this commercial retail center (4,880 sq.ft. of
retail uses and a maximum of 2,000 sq.ft. of fast food uses).
2: That the variance will not cause an increase in traffic congestion in the
immediate vicinity nor adversely affect any adjoining, land uses, and that
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.
3. That subject commercial building faces_ single family residences on the
west side of Lemon Street and when the City Planning Commission approved
Conditional Use Permit No. 3015 (under which subject commercial, retail
center is permitted), they wanted to review landscaping` plans for the
planter along the west side of the building. Since no ,plans .were
submitted to Commission for -review and approval, ...and since the current
proposal (a parking waiver to allow fast food 'uses) ntensi_fes.the
commercial use of the property, landscape plans should be submitted to
Commission for action:,
03968 1 ZA 89-70
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Page 2
Variance No. 4005
4. That evidence presented at the November 30, X989, public hearing
indicated that parking. along the east side of Lemon Street between Ball
Road ..and the .driveway along the north property line of subject parcel is
prohibited,. that the, ;,previously red painted curb has faded, and that
subject commercial building.. has entrances facing Lemon Street thereby
.potentially encouraging customer parking along said street. Therefore,
the curb .should be re-painted red and so-maintained in accordance with
City standards and that`the.owner/developer of subject property shall be
responsible for said ..work (as well as maintaining the red curb) since the
proposal involves an intensification of commercial use on his property.
CALIFORNIA ENVIRONMENTAL'OUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of minimum number of parking spaces to
establish 2,000 sq.ft. of fast.: food'" uses in an existing commercial retail
- center on an irregularly-shaped .; parcel of land .consisting of approximately
0.43 acre located at the northeast corner of Ball Road and. Lemon Street,
having approximate frontages of 118 feet on the north side of Ball Road and
134 feet on the east side of Lemon Street, and further :described as 135 West
Ba11 Road; and .that the Planning Director or his authorized representative has
determined that the proposed project falls within he definition of
Categorical Exemptions, Class 5, as defined in the .State EIR Guidelines and
is, therefore; categorically exempt from the requirement to prepare an EIR.
Based on the evidence and testimony presented to me, I do'hereby determine to
approve Variance No. 4005,`subject to .the following 'conditions:
1. * That subject property shall be served by underground utilities.
2. That subject property shall be developed substantially in accordance. with.
plans and specifications., submitted to the City of Anaheim by the
petitioner and which plans, are on file with the Planning Department
marked Exhibit No. 1.
3. That landscaping plans .shall be submitted to the Planning Commission for
review and approval showing ,the exact landscaping to be installed along
-the west face of the building along Lemon Street. opposite the existing
single-family.. residences. Said plans .shall .specify ,;the exact sizes,
species, locations and number` of plants- (i.e. ground cover, shrubs,
trees, etc..), and shall include' an elevation of the west face of the
building showing the construction materials, doors, windows and steps
against which the landscaping will be installed.
4. That the curbing along ,the east side of Lemon Street .(between Ball Road
and the north property line 'of subject property) shall be painted red to
designate that on-street parking is `.prohibited.. The property
owner/developer shall. be_responsible for said work which shall be in
compliance.with City standards..
-0396g 2 ZA 89-70
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Page 3
Variance No. 4005
5. That prior to commencement of the activity. authorized by this decision,
or-prior to-final building and zoning inspections, or within a period of
one (1) year from the date of this. decision, whichever occurs first,
Condition`. Nos. 1_ through 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.
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, State and Federal
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. Conditions marked with an asterisk
(*) arerequired by established laws, codes, regulations and agreements
and are: not subject to°negotiation.
This decision is made, 'signed, and entered into the file this seventh day of
December, 1989.
Annika M. Santalahti-
Zoning'Admnistrator
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 davs of the date of he 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 'thee United States Mail, a
copy of :the decision; o the applicant and did forward a copy to the City Clerk.
DATED: December 7, 1989 ~ x,11 ~~ ~~
Pamela H. Starnes, Executive Secretary.
ZA 89-70