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Resolution-ZA 1990-40P~ • , DECISION OF THE ZONING ADMINISTRATOR - ZA 90-40 PETITION: CONDITIONAL IISE PERMIT N0. 3291 CEQA'STATUS: CATEGORICAL EXEMPTIQN, CLASS 1 DATE OF PUBLIC HEARING:. June 28, 1990 OPPOSITION: There was no one indicating their presence in opposition and no correspondence was received. OWNER:: F.J. HANSHAW ENTERPRISES INC. 10921 Westminster Avenue, Garden Grove, CA 92643 AGENT: RHODA B. OSTOWARI 6263 East Twin Peak Drive, Anaheim, CA 92807 LOCATIONt 1132 North Brookhurst Street REQUEST: Petitioner requests approval of a conditional use under authority of Code Sections 18.12.050.010 and 18.44.050.OI0 to permit expansion of an existing restaurant with on-sale beer and wine and with waiver of the following: SECTIONS 18.06.050.0212 - Minimum number of parking spaces. 18.06.050.022 (66 required: fZ0 proposed) 18.06.050.0231 18.06.080 18.12.060.110 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.-020, 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 18.02.030.030 through 18.02.030.035 of the Anaheim Municipal Code: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; 2. That a parking study dated May 29, 1990, was submitted and approved by the City Traffic Engineer for the: specific combination of office,. retail and restaurant uses at subject property; 3: That the parking waiver will not cause an increase in;traffic congestion in the immediate vicinity .nor adversely affect any adjoining land uses; 4. 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; 0511g -1- ZA90-40 - • Conditional Use Permit No. 3291 Page.2 $. 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 generalwelfare; 6. 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 7. 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 expansion of an existing restaurant with on-sale. beer and wine and with waiver of minimum number of parking spaces; and .that the Planning Director or his authorized representative has .determined than.. the proposed project falls within the -definition of Categorical .Exemptions, Class 1, 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 approved"Conditional Use Permit No. 3291, subject to the following conditions: 1. * 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. .Such information shall be specifically shown on the plans submitted for bui ding permits. 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. Nos. 1 and 2. 3. That 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 and 2, above-mentioned, shall be complied with. 4. * That approval of this application constitutes: approval of the proposed request only to the eutent 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: Condi ions marked with an asterisk *) are required by .established laws, codes, regulations and agreements and are, therefore, not subject to negotiation. This decision is -made, .signed,. .and entered into .the file this fifth day of July, 2990. nika M. Santalahti Zoning Administrator 05118 -2- ZA 90-40 M • • • Conditional Use Permit No. 3291 Page 3 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: .July 5, 1990 / ~C~ Margari Perez, Acting Se etary 05118 -3- ZA 90-40