Resolution-ZA 1990-09'~
PETITION:
CEQA STATUS:
HEARING DATES:
OPPOSITION:
OWNERS:
AGENT:
•
7
DECISION OF THE ZONING ADMINISTRATOR - ZA 90-09
CONDITIONAL QSE PERMIT NO. 3234
NEGATIVE DECLARATION
January 25, 1990, continued to February 8, 1990
No one indicated their presence in opposition at the public
hearings; and no correspondence in opposition was received.
MR. & MRS. HENKI-CAPRI PROP
4454 Van Nuys Boulevard #210, Sherman Oaks, CA 91403
PHILLIP R. SCHWARTZE
14841 Yorba Street #203, Tustin, CA 92680
LOCATION: 5636 Sast La Palma Avenue
REQUEST:. Petitioner requests approval of a conditional. use 'permit under
authority of Code Sections 18.12.050.010 and 18.12.060.110 to permit
on-sale alcoholic beverages in a proposed restaurant with waiver of:
Sections 18.06.050`.0211 - Minimum number of parking spaces.
18.06.050.0212 (397 required; 392 proposed)
18.06.050.022
18.06.050.0231
18.06.080
and 18.44.066.050
Having been appointed Zoning Administrator by the Planning Director to decide
the above-referenced petition, pursuant to Anaheim Municipal Code Section
18.12.040, and a public hearing ..having been duly noticed-for and held on the
date set forth above, I do .hereby find, pursuant to the Sections 18.03.030.030
through 18.03.030.035 of the Anaheim Municipal Code:
1. That the parking waiver for the specific ..proposal (a 1,250 sq.ft.
restaurant with on-sale alcoholic beverages) and the concurrent
Conditional Use Permit No. 3233 (an 1,887 sq.ft. restaurant with on-sale
alcoholic beverages. at 5636 East La Palma Avenue) is ,minimal consisting
of a deviance of only 5 parking spaces (1.3 ~) from the total number of
spaces required for the underlying shopping center which. consists of
subject property and an adjacent parcel having shared parking; and,
further, that the City Traffic Engineer has approved the parking study
prepared by Greer & Co. Engineers & Planners for the specific combination
of uses (including Conditional Use Permit No. 3233). located on subject
property and the adjacent' parcel, and labeled "Parking Demand Study for
Anaheim Hills Shopping Center in the City of Anaheim" and dated February
7, 1990;
2. That the parking waiver will not cause an increase in traffic congestion
in the immediate vicinity nor adversely affect any adjoining land uses;
3. That the granting of the parking variance under the conditions imposed,
if any, will not be detrimental to the peace, health, safety or general
04278 1 ZA 90-09
•
Conditional Use Permit No. 3234
Page 2
welfare of the citizens of the City of Anaheim;
4. That the proposed use is properly one for which a conditional use permit
is authorized by the Zoning Code;
5. That'. the proposed use will not adversely affect the adjoining Land uses
and the growth and development of the area in which is is proposed to be
located;
6. That the size and shape of the site for the proposed use is adequate to
allow the full development of the proposed use in a manner not
detrimental to the particular area nor to the peace, health, safety, and
general welfare;
7. That the traffic generated by the proposed use will not impose an undue
burden-.upon the,_streets and highways designed and improved to .carry the
traffic in the area; and
8. That the granting of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the peach, health, safety and
general welfare of the citizens of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal to permit on-sale alcoholic beverages in a proposed
restaurant at 5632 East La Palma Avenue with waiver of minimum number of
parking spaces on an -irregularly-shaped parcel of land consisting of
approximately 3.9-.acres, .having a frontage of .approximately 208 .feet on the
south side o£ La Pa1ma,Avenue, having a maximum depth of .approximately 650
feet and being.-located approximately 440 feet- west of the centerline of
Imperial. Highways 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
-approved Conditional Use Permit No. 3234, subject to the following conditions:
1. * That' prior to issuance of a building permit to establish a restaurant in
the existing .retail floor area, the appropriate traffic signal assessment
fee shall be .paid to the City of Anaheim in an amount as established by
City Council resolution.
2. *`That street lighting facilities along La Palma Avenue shall be installed
as required by the Utilities General Manager in accordance with
specifications on file in the -0ffice of the 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.
0427g 2 ZA 90-09
_;., , ~_.
Conditional Use Permit No. 3234
Page 3
3. * That plans shall be submitted to the City Traffic Engineer for his review
and approval showing conformance with Engineering Standard Plan No. .602D
.pertaining to parking standards. Subject property shall thereupon be
developed and maintained in conformance with said plans.
4. * That trash storage areas shall be provided and maintained in a location
acceptable to the Street Maintenance and Sanitation Division and in
accordance with approved plans on file with said Division.
5. 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 Nos. 1 and 2.
6. 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. 1, 2 and 3, 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.
7. That :prior to final building and zoning inspections, Condition Nos. 2, 4
and 5, above-mentioned, shall be complied with.
8. * 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
(*) are required by established laws, codes, regulations and/or
agreements and are are not subject to negotiation.
This .decision is made, signed,:-and entered into the file this fifteenth day of
February, 1990.
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 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: February 15, 1990
Pamela H. Starnes, Exec%uftive Secretary
0427g 3 ZA 90-09