Resolution-ZA 1990-97~ _:..
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DECISION OF THE ZONING ADMINISTRATOR - ZA 90-97
PETITION: VARIANCE NO. 4083 CEQA STATUS: CATEGORICAL EXEMPTION -
CLASS 5
DATE OF PUBLIC HEARING: September 20, 1990
OPPOSITION: No one indicated their presence in opposition at the public
hearing and no correspondence in opposition was received.
-.OWNER: ROTANDA DEVELOPMENT CORPORATION
'.2082 Michelson Drive #305, Irvine,. CA 92715
AGENT: - FARZIN and AFSHIN BAGHIE
115 North West Street, #205, Anaheim, CA 92801
LOCATION:. 1101 West Lincoln Avenue
REQUEST: Petitioner requests waiver of the following under the `authority of
Code Section 18.12.060.110 to establish an approximately
1,040 sq.ft. fast-food restaurant:
SECTIONS 18.06.050.022 - Minimum number of parkins spaces.
18.06.050.0233 (43 required; 33 proposed)
18.06.080
and 18.45.066.050
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:
T. That the commercial retail ,center in which the proposal is located was
established under Conditional Use Permit No. 3012, approved by the Planning
Commission on May 23, 1988, in connection with Resolution No. PC88-134; and
that said resolution contains a condition (No 9) which specifies."That the
commercial retail center-shall not include any food service facilities";
and
2. That, based on, the. .Planning Commission's-above-described action concerning
subject property, it would be inappropriate for the Zoning Administrator to
consider this variance;
3. That it would be appropriate for the-petitioner to request that Planning
Commission amend said above-described-Conditional Use Permit No. 3012 to
delete Condition No. 9 (limiting use of the property) and to simultaneously.
'or subsequently .submit a variance to the Planning Commission for the`
parking waiver needed to establish a fast food restaurant.
ZA-4083R -1- ZA 90-97
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Page 2
Variance No. 40$3
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CALIFORNIA ENVIRONMENTAL-QUALITY ACT FINDING: That the Zoning
Administrator has reviewed the proposal for waiver of minimum number of
parking spaces to construct a fast food.reataurant on an
irregularly-shaped parcel of land consisting of approximately 0.45 acre
located at the northwest corner of Lincoln Avenue and West Street, having
frontages of approximately 194 feet on the north side of Lincoln Avenue
and 102 feet on the west side of West Street, and further described as
101-West Lincoln Avenue; and that-the Planning Director or his authorized
representative has determined that the proposed project falls within the
definition of Categorical Exemptions, Class 5, as defined in the State EIR
Guidelines and is, therefore, categorically exempt from-the requirement to
prepare an EIR. However, since it has been determined '.that the proposal
must be submitted to the Planning Commission for consideration, no further
acfion is being taken by the Zoning Administrator regarding the CEQA
status of this proposal.
Based on'the foregoing and the evidence and testimony presented to me, I
do hereby determine to deny Variance No. 4083, without prejudice.
This decision is made, signed, and entered-into the file this
twenty-seventh day of September,: 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 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: September 27, 1990
,K-V ~ ~
Pamela H. Starnes
Administrative Assistant
ZA-4083R -2- ZA 90-97