Resolution-ZA 1989-73~ -.
DECIS~ OF THE ZONING ADMINISTRATOR -~ 89-73
PETITION: VARIANCE NO. 3977 CEQA STATUS:. NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: September 7, 1989, continued to the meetings of
October 19, December 14 and December 28, 1989.
OPPOSITION: No'one indicated their presence at the public hearing in
opposition; and no correspondence in opposition was received.
OWNERS: MARCIA ANN HALLIGAN, RAYMOND G. SPEHAR AND.ESTELLE R. SPEHAR
6937 Avenida de Santiago, Anaheim, CA 92807
AGENT: A & E PARTNERSHIP, INC., 3002 Dow Avenue #106, Tustin, CA 92680
LOCATION: 5755 East La Palma Avenue
REQUEST: Petitioner requests waiver of the following under authority of Code
- Sections 18.06.080, 18.12.060.110 and 18.12.060.010 to construct a
9,500 sq.ft. addition to an existing supermarket (Lucky Food Center):
(a) SECTIONS 18.06.050.0211 - Minimum number of parking spaces.
18.06'.050.0212 (661 spaces required;
18.06.050.022 528 spaces proposed)
18.06.050.02.21
18.06.050.0231
18.06.050.0233
and 18.44.066.050
(b) SECTION 18.84.062.032 Prohibited roof-mounted equipment.
(No roof; mounted equipment permitted;
roof-mounted equipment 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 find:
1. That waiver (aJ is approved on the basis that a Parking Demand Study, as
revised and dated August 17 ,1989,: was submitted to the City and determined
to be adequate by the City Traffic Engineer ,for the specific combination of
uses which exist and. are proposed in the subject shopping center; and
further that the waiver will not cause an increase in traffic congestion in
he immediate vicinity nor adversely affect any„adjoining land uses., and
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;
2. That waiver (b) is approved on the basis that the proposed roof-mounted
equipment. will not be visible from any nearby or adjoining properties or
locations because the proposed creeping will visually hide the equipment
in all horizontal directions since the screening height is the same as the
equipment, that higher property elevations are located a significant
distance away to the south across the. Santa Ana Rver'andthe equipment
will not be visible because of the distance, and that the color of the
metal screening will Ye the same as the. building walls;
3. That there are special circumstances applicable to the property such as
size, shape, topography, location or surroundings, which do not apply to
other identically zoned properties in the vicinity; and
0358g ZA 89-73
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Variance No. 3977
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4. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other .properties in identical zoning classification
in the vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of minimum number of parking spaces and
prohibited roof-mounted equipment to construct a 9,500 sq.ft. addition to an
existing supermarket (Lucky Food Center) on an irregularly-shaped parcel of
land consisting of approximately 9.9 acres located north and east of the
northeast corner of Imperial Highway and La Palma Avenue, having frontages. of
approximately 549 feet on the north side of La Palma Avenue and 372 .feet on
the east side of Imperial• Highway, having a maximum depth of approximately 596
feet, being located approximately 114 feet east of the centerline of Imperial
Highway, and further described as 5755 E. La Palma 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..
Based on the evidence and testimony .presented to me, I do hereby determine to
approve Variance No. 3977, 'subject to the. following conditions:.
* That prior to issuance of a building permit, the appropriate major
thoroughfare and bridge fee shall be paid to`the City of Anaheim in an
amount as-specified in the Major Thoroughfare and Bridge Fee Program for
the Foothill/Eastern Transportation Corridor, as established by City
Council resolution.
.That the legal owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim an additional strip of Tand along
La Palma Avenue, measured northerly and easterly from the ultimate
right-of-way line at the corner of the intersection of Imperial Highway
and La Palma Avenue, 'and varying in width from twelve (12) feet for the
first three-hundred (300) feet and then transitioning from twelve (12)
feet to 0 feet for the next three-hundred (300) feet.
3: * That the legal owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim a strip of land fifty three (53)-feet in
width from the centerline of the street along La Palma Avenue for street
widening purposes.
4. * That, in accordance with Section 17.08.433 "Supplemental Improvements and
Fees - Public Streets" of-the Anaheim Municipal Code, the legal owners of
subject property shall comply with certain requirements determined to be
necessary by the City Engineer, such as recordation of a covenant
agreeing not to contest the. formation of an assessment district in
connection with the Santa Ana'Canyon Road Benefit Area. Said covenant
shall be reviewed and approved. by the City Attorney prior to recordation
with the Office of the Orange County Recorder. A copy of .the recorded
document shall be submitted to the Planning Department.
5. * That all engineering requirements of the City of Anaheim .along Imperial
Highway, subject to the negotiated approval of CALTRANS, including
preparation. of improvement plans and installation of all improvements '
such as curbs and gutters, sidewalks, water facilities, street grading
0358g ZA 89-73
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Variance No. 3977
and pavement,. sewer and drainage: facilities, or other appurtenant work
shall be complied with as .required by the City Engineer and in accordance
with specifications on file in the Office of the City Engineer; 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 said
improvements. :Said security shall be posted with the City prior to
issuance of a building permit,. to guarantee the installation of
improvements prior to installation of any driveways along Imperial
Highway..
-6 * That street lighting facilities along Imperial Highway shall be installed
as required by the Utilities 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.
The above-required improvements shall be installed prior to occupancy.
7. * 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.
8. 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 Revision No. 1 of Exhibit No. 3, and Exhibit Nos. 1, 2 and 4;
provided,. however, that the installation of any driveway along :Imperial
Highway shall be subject to the prior approval'of CALTRANS and to the
prior. satisfaction of Condition No. 5, herein.
9. 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 through 7, .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.
10., That prior to final building and zoning inspections, Condition Nos. 6 and
8, 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 Municspal
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
(*) are required by established laws, codes, regulations and agreements
and are not subject to negotiation.
This decision is made, signed, and a tered into the file this four day of
January. 1990.
E'
Annika M. Santalahti
Zoning Administrator
0358g ZA 89-73
Page 4
-Variance-No. 3977
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
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: January 4, 1990 _ ~ 1~'~ ~~~~i%IU!/Je.G4~
Pamela H. Starnes, Executive Secretary
0358g 4
ZA 89-73