Resolution-ZA 1990-42~ .:
PETITION:
DECISION OF THE ZONING ADMINISTRATOR - ZA 90-42
CONDITIONAL IISE PERMIT NO. 3293
CEQA STATUS: CATEGORICAL EXEMPTION, CLASS 1
DATE OF PUBLIC HEARING: June 28, 1990
OPPOSITION: There was no one indicating their presence. at the public hearing
in opposition and no correspondence was received.
OWNER: MINI M. VIEWS LTD.
1031 Camino Del Retiro, Santa Barbara, CA 93110
AGENT: LARRY GIBBON ARCHITECT
700 West First Street #14, Tustin, CA 92680
LOCATION: 2110 South Harbor Boulevard (Baker's Square Restaurant)
REQUEST: Petitioner requests approval of a conditional use permit under
authority of Code Sections. 18.12.050.010 and 18.44.050.010 to
permit a 1,284 sq.ft. addition to an .existing restaurant with
on-sale beer-and wine: and with waiver of the following:
SECTIONS 18.12.060.050 - Minimum structural setback.
and 18.44.063.010 (l0 feet required; 9 feet proposed)
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, L 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, or that .said use is not listed therein
as being a permitted use;
2. 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;
3: 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;
4. 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;
5. That the granting of-the conditional use permit under the conditions
imposed, if any, will not be detrimental to the peace, health, safety and
general welfare of the citizens of the City of Anaheim; and
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Conditional Use Permit No. 3293
Page 2
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6. That the requested waiver is minimal amounting to a difference of only
1 foot between the proposed front setback (9 feet) and the requirement
(10 feet).
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning. Administrator
has reviewed the proposal 'to permit a 1,284 sq.ft. addition to an existing
restaurant with on-sale beer _and wine and with waiver of minimum structural
setback; and that the Planning Director or his authorized representative has
determined- that 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. 3293, subject to the following conditions:
1. * That prior -to issuance 'of a building permit, the appropriate traffic
signal assessment fee #or the additional square footage shall be paid to
the City of Anaheim in an amount as established by City Council
resolution.
2. * That plans ,shall be submitted to the City Traffic Engineer for his review
and 'approval showing conformance with the latest revision of Engineering
Standard Plan_Nos.'436 and 602 pertaining to parking standards.. Subject
property shall thereupon be developed and maintained in conformance-with
-.said plans.
3. That ,all driveways reconstructed .to accommodate fifteen (15) foot radius
curb returns in conformance with Engineering: Department Standards.
Existing .broken or cracked driveways shall be removed and replaced as
required by the City Engineer.
4. * That street lighting facilities along Harbor Boulevard-'shall be installed
as required by the Utilities Generale Manager in accordance with
specifications on-file in the Office of the Utilities General Manager.; or
that security in the form of a- bond, certificate of ..deposit, letter of
cxedit,'or cash, in an amount and form satisfactory to he 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.
5. * That subject proposal authorized by this decision shall be served by
underground utilities.
6. * That prior to issuance_of a permit .for any water system improvement plans
by the Water. Engineering Manager., the appropriate fees due fore primary
mains and fire"protection service shall be paid to the Water Engineering
Division in accordance ,with Rules 15A and 20 of the Water Utility Rates,
Rules .and Regulations."
7. That the water backflow equipment and any. other large water system
equipment shall be installed to the satisfaction of the Water Engineering
Division in either underground vaults or outside of the street setback
area in-a manner fully screened from all public. streets and alleys.
05138 2 ZA 90-42
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Conditional.. Use Permit No. 3293
Page 2
8, * 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
building permits.
9. 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 through 4.
10. That prior to issuance of a building permit or within a period of one
year from the date of this decision, whichever-occurs first, Coa@ition
Nos. 1, 4, 6 and 8, above-mentioned, shall be complied with.
II. That prior to final, building and zoning inspections or within a period of
one (1) year. from thedate of this decision, whichever occurs first,
Condition Nos. 2, 3, 4, 5, 7, 8 and 9, above-mentioned, shall be complied
with.
12.* 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 agreements
and are, therefore, not subject to negotiation..
This. decision is made, signed, and entered into. the file this fifth day of
July, 1990..
~!~},,'
Annika M. Santa/1/a~hti
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 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.
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 /
Margari Perez, Acting Se tart'
05138 3 ZA 90-42