Resolution-ZA 1990-46
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DECISION OF TAE ZONING ADMINISTRATOR - ZA 90-46
PETITION: VARIANCE NO. 4065
CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARING:. July 12, 1990
OPPOSITION: No one indicated their presence at the public hearing in
opposition; and no correspondence in opposition was received.
OWNER: VIRGIL TOOMAN
30680 La Sombra Court, Temecula, CA 92390
AGENT: ROLLY PULASKI
858 Production Place, Newport Beach, CA 92663
LOCATION: 528 South State College Boulevard
REQUEST: Petitioner requests waiver of the following under authority of
Code Section 18.12.060.110 to construct a 3,614 sq.ft. addition
to an existing-furniture store:
SECTIONS 18.06.050.022 - Minimum number of ~arkinq spaces.
18.06.080 (59 spaces required;
and 18.44.066.050 ~ spaces, 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 this parking variance is granted on the basis that the applicant
submitted a parking study, titled "Parking Analysis - Lazy Boy Showcase
Shoppes" dated March 12, 1990, which study was determined to be adequate
'by the City Traffic Engineer for the specific retail use of subject
property (a furniture store);
2. That approval of this variance. is specifically conditioned. upon the
continued -use of subject building and property as a furniture store or
other similar retail use such as appliances, carpets and floor coverings,
draperies, beds and mattresses, televisions, eta., which retail uses
involve substantial amounts of .floor area being-used for display purposes;
3: .That the variance will not cause an increase in traffic congestion-in the
immediate vicinity nor adversely affect any adjoining land uses and
4. That the granting of the variance under the conditions imposed will not be
detrimental to the peace, health, safety or general welfare. of the
citizens of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT-FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of .minimum :number of parking. spaces to
construct a 3,614 sq.ft. addition. to an existing furniture store on a
rectangularly-shaped parcel of land consisting of approximately 0.45 acre
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Page 2.
Variance No. 4065
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located on the northeast .corner of State College Boulevard and Virginia
Avenue, having frontages of approximately 195 feet on the east side of State
College Boulevard and 100 feet on the north side of Virginia Avenue, and
further described as 528 South State College Boulevard;. 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. 4065, subject to the following conditions:
1. * That prior to issuance. o£ 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.
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, 602 and 605 pertaining to parking standards.
Subject .property shall thereupon be developed .and maintained. in
conformance with said plans..
3. That the driveway on State College Boulevard shall be constructed with
fifteen (15) foot radius curb returns as required by the City Engineer in
conformance with Engineering Standards.
4. * That prior to- issuance of a building permit, a Lot Line Adjustment Plat
to combine the three (3) existing lots such that any new building lies
completely within one (1) parcel shall be submitted to the Subdivision
Section. Said Plat shall be approved by the City Engineer and recorded
in the Office of the. Orange County Recorder prior to final building and
zoning inspections.
5. * That subject proposal authorized by this decision shall be served by
underground utilities.
6. That the legal owner of subject property .shall dedicate to the City of
Anaheim a two (2) foot wide public utility easement along/across the west
side of the existing three (3) foot easement along the east property line.
7. * 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.
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 Exhibit Nos. land 2.
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Variance No. 4065
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. 1, 2, 4, 6 and 7, above-mentioned, shall be complied with.
Extensions for further time to comglete 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. 3, 4,
5 and 8, above-mentioned, shall be complied with.
11. That this parking variance is specifically granted for a ten thousand
eight hundred seventeen {10,817) sq.ft. furniture store or other similar
retail use such as appliances, carpets- and floor coverings, draperies,
beds and mattresses, televisions, etc., which retail uses involve
substantial amounts of the floor area being used for display purposes.
If .subject- property and .building are no longer used for such business,
this variance shall terminate.
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 nineteenth day
of July, 1990.
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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 -0F 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 19. 1990 ~GI~Z~ZI'~/il,~/.~ • ~~=~~~Z~L~.~-~
Pamela H. Starnes,. Executive Secretary
0529g 3 ZA 90-46