Resolution-ZA 1990-45..
a
DECISION OF THE ZONING ADMINISTRATOR - ZA 90-45
PETITION: VARIANCE NO. 4055 CEQA STATUS: CATEGORICAL EXEMPTION,
CLASS 1
DATE OF PUBLIC HEARING: July 1Z, 1990, continued .from meeting of June 14,
1990.
OPPOSITION: 6 people spoke in opposition at the June 14, 1990, public
hearing; and that a petition containing 14 signatures in
opposition was received.
OWNER: ICLUTHE FAMILY TRUST
2251 Lake Forest Circle, La Habra, CA 90631
AGENT: ACTEC ENGINEERING CORP.
1312 West Collins Avenue, Orange, CA 92667
Attention: C.M. Thompson
LOCATION: 831 South State College Boulevard.
REQUEST: Petitioner requests waiver of the following under authority of
Code Section 18.12.060.110 to establish an additional 279 square
feet of storage area attached to an existing restaurant:
...SECTIONS 18.06.050-.0232 - Minimum number of parking spaces.
18:06.080 (54 required; 43 proposed)
and 18.44.060.055
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 this parking variance is granted on .the basis that the applicant
submitted a parking analysis, a letter regarding the Rose and Crown
British Pub .dated January 25, 1990, which analysis was determined to be
adequate by the_City Traffic Engineer for: the specific existing use; and,
further, that certain improvements hall be made to the property to
eliminate or .substantially lessen ' the adverse impact .the existing
business has on the adjacent residences to the west including increasing
the height of the existing block wall to 6 -feet as measured from the
highest adjacent grade level along the west property line, re-planting
the landscape area along the .west property line, installing irrigation
facilities in the landscape planters, and installing curbing around the
landscape planters along the west and north property lines;
2. That the parking variance will not cause an increase in traffic
congestion in the immediate vicinity nor .adversely affect any adjoining
land uses; and
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
welfare of the citizens of the City of Anaheim.
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Page 2
Variance No. 4055
CALIFORNIA ENVIRONMENTAL QUALITY ACT .FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of minimum number of parking spaces to
establish an additional 279 sq.ft. of storage area attached to an existing
freestanding restaurant on a irregularly-shaped parcel of land consisting of
approximately .0.52 acre, having a frontage of approximately-119 feet along the
west side of State College Boulevard, having a maximum depth of approximately
210 feet, being located approximately 370 feet south of the centerline of
South Street, and further described as 831 South State College Boulevard; 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
.approve Variance No. 4055, subject to the .following conditions:
1. * That a fee for street lighting purposes shall be paid to the City of
Anaheim based on -the ength of street frontage along
State Col ege Boulevard in an amount as established by City Council
resolution.
2. * 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:
3. * That plans shall be submitted to the City .Traffic Engineer for his review
and approval showing .conformance with Engineering Standard Plan Nos. 436F
and 602D pertaining to parking standards. Subject property shall
thereupon be developed and maintained in conformance with said plans.
4. * That the existing structure shall comply with .the minimum standards of
the City' of Anaheim, including the Uniform. Building, Plumbing,
Electrical, Mechanical and Fire Codes, as adopted by the City of Anaheim.
5. * 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.
6. That within a period of ninety (90) days from the date of this decision,
the petitioner shall complete the following improvements:
(a) Increase the. height of the existing block. wall along the west
property line to six (6) feet as measured from the highest adjacent
grade level.. Prior to constructing or adding on to the existing
block wall, the petitioner shall notify the three (3) adjoining
property owners of the specific .design for the proposed wall
addition, and submit evidence to .the Zoning Division indicating that
0528g 2 ZA 90-45
Page 3
Variance No. 405 5
the adjacent property owners .either approve of the specific design
(color, material, etc.) or that the owners received a copy of the
design plan and had the opportunity to suggest reasonable
improvements and/or changes to the design;
(b) Plant landscaping in the ten (10) foot wide planter area along the
west property line, as shown on Exhibit No. 2;
(c) Install irrigation facilities consisting of either sprinklers or
"bubblers" in the ,ten (10) foot wide planter along the west
property owner, as shown on Exhibit No. 2;
(d) Install six (6) inch high curbing along the ten (10j foot wide
landscape planter on the west property line and the four (4) foot
.eight (8) inch .wide planter .along the rear portion of the north
property Line (west of the existing building);
(e) Treat the ten (10) foot wide unpaved area between the ten (10) foot
wide planter along the west- property line and the paved parking
area to prevent weed growth and eliminate dust, as shown on Exhibit
No. 2: and
(f) Obtain a sound attenuation study from a qualified sound consultant
for recommendations to mitigate the noise generated by the "blower"
to no more than 50 dbCNEL as measured at the west property line
during any time of the day or night. The-recommendations shall be
incorporated into the design of fence enclosure around the "blower".
7. 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. 1 and Exhibit No. 2; including the
additional improvements listed in Condition No. 6, above.
8. That within a period of ninety (90) days from the date of this :decision
Conditions Nos. 1 through 7, above-mentioned, shall be complied with.
Extensons_for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
9. * 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. Gity, 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.
05288 3 ZA 90-45
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Variance No. 4055
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This .decision is made, signed, and entered into the file this nineteenth day
of July, 1990.
.-~~~~I `
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.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: Jules 19...1990
Pamela H. Starnes, Executive Secretary
05288 4 ZA 90-45