Resolution-ZA 1992-08-~
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DECISION NO. ZA 92-08
OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4168
OWNER: WILLIAM COSMO TAORMINA and CYNTHIA LYNN TAORMINA
721 North Helena Street, Anaheim, CA 92805
AGENT: ARTHUR D. HELMSTETTER
415 South Chathan Circle #F, Anaheim, CA 92806
LOCATION: 401 North Anaheim Boulevard
CEQA STATUS: Categorical Exemption, Class 5
DATE OF PUBLIC HEARING: .January 23, 1992
OPPOSITION: No one indicated their presence at the public hearing in
opposition, and no correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.110 to establish a fast food restaurant:
SECTIONS .18.06.050.022 - Minimum number of ~arkina spaces.
and 18.06.050.0266 (49 spaces required; 1 on-site and
18.06.080 48 off-site spaces proposed)
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:
1. That a special circumstance applies to the subject property because the
existing building is legally nonconforming since there is only 1 existing
parking space, and that strict application of the Zoning Code would not
.allow any tenant to occupy the property due to the parking deficiency;
2. That the proposed fast food restaurant will utilize a portion of the
existing building, and an additional 48 parking spaces will be provided
off-site about 135 feet to the west of subject property with directional
signage being installed to direct customers to said off-site parking
thereby providing the minimum number of spaces required by Code;
3. That this specific parking proposal has been reviewed and approved by the
City Traffic and Transportation Manager;
4. That the parking variance will not cause an increase in traffic congestion
in the immediate vicinity nor adversely affect any adjoining land uses;
and
ZA-4168. -1- ZA 92-08
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Variance No. 4168
That the granting of the parking variance under the conditions imposed,
any, will not be detrimental to the peace, health, safety or general
welfare of the citizens of the City of Anaheim.
5.
if
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of minimum number of parking spaces to
establish a fast food restaurant on a rectangularly shaped parcel of land
consisting of approximately 0.18 acre located at the northwest corner of
Anaheim Boulevard and Adele .Street, having approximate frontages of 62 feet on
the west side of Anaheim Boulevard and 130 feet on the north side of Adele
Street, and further described as 401 North Anaheim Boulevard; 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.
Based on the evidence and testimony presented to me, I do hereby determine to
APPROVE Variance No. 4168, subject to the following conditions:
1. Prior to final building and zoning inspection, the sidewalks on Adele
Street shall be reconstructed in conformance with standard plans and
specifications on file in the Office of the City Engineer (Anaheim
Municipal Code Section 12.28).
2. Prior to issuance of a building permit, the petitioner shall submit a
parking agreement, in a form satisfactory to the City Attorney, for a
minimum of forty eight (48j off-site parking spaces located on a lot
approximately one hundred thirty five (135) feet to the west of subject
property (as shown on the approved site plan.) to the Zoning Division for
.review and approval by the City Traffic and Transportation Manager and
..Zoning Division. Said agreement shall then be recorded with the Office of
the Orange County Recorder and a copy of the recorded agreement shall be
submitted to the Zoning Division. The parking agreement shall provide for
a minimum of forty eight (48) parking spaces for the proposed maximum
three thousand sixty. (3,060) sq.ft. fast food restaurant, and the term of
the agreement may be coterminous with the fast food restaurant's lease of
the premises. The agreement may specify that it will become null and void
if the fast food restaurant use of the property ceases. If the parking
agreement ceases and/or if the off-site parking spaces cease to be
available for any reason whatsoever, the fast food restaurant use shall
immediately terminate unless another parking variance is .filed and
approved by the Zoning Administrator, Planning Commission or City Council.
3. * That trash storage areas shall be provided and. maintained in a location
acceptable to the Department of Maintenance and in accordance with
approved plans on file with said Department. Such information shall be
specifically shown on the plans submitted for building permits.
ZA-4168 -2- ZA 92-08
Page 3
Variance No. 4168
4. That a Plan Sheet for solid waste storage and collection and a plan for
recycling shall be submitted to the Department of Maintenance for review and
approval.
5. * That fire sprinklers shall be installed as required by the Fire Department.
6. 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 No. 1.
7. That two (2y directional signs shall be posted (one on-site and the second at
the off-site parking lot) to direct customers and employees to the off-site
parking spaces_ The signs shall each be a maximum of four (4) sq.ft. in size
and a maximum of four (4) feet above grade, and the specific design(s) ana
locations shall be reviewed and approved by the Zoning Division and the City
Traffic and Transportation Manager (to verify adequate lines-ot-sight) prior to
installation. The directional sign located at the off-site parking lot shall
clearly indicate that parking is available for the .business{es) located in the
building at 401 North Anaheim Boulevard. The signs shall be installed prior to
final building and zoning inspections.
8. That the permitted signage (other than the 2 directional signs discussed in
Condition No. 7, preceding) shall be limited to one (1j monument type
freestanding sign having a maximum height of eight (8) feet, and wall signs as
permitted by Code; provided, .however, that the maximum area of any wall sign
shall be calculated based on the dimensions of the outermost borders.
Specifically, the outermost borders of a mural shall be considered as the
outside dimensions of a wall sign if said mural advertises and/or identifies
any on-site business in a manner and size which can be read from the adjacent
public streets.
9. That the off-site parking area (discussed in Condition No. 5 herein) shall not
be gated during the business hours of operation of subject restaurant.
10. 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. 2, 3 and
4, above-mentioned, shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Section 18.03.090 of
the Anaheim. Municipal Code.
11. That prior to final building and zoning inspections, Condition Nos. 1, 5, 6 and
7, 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.
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Variance No. 4168
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This decision is made, signed, and entered into the file this thirtieth day of
January, 1992. ~pJ ~J~ ~ ~ ~~
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: January 30, 1992 / ~i
amela H. Starnes
Administrative Assistant
ZA-416$ -4- ZA 92-08