Resolution-ZA 1993-50
DECISION NO. ZA 93-50
OWNER:
LOCATION:
CEQA STATUS:
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4232
Vigilant Enterprises, Inc.
1909 Margie Lane, Anaheim, CA 92802
Attention: Lou Possemato
1192 West ICatella Avenue
Negative Declaration
HEARING DATE: September 2, 1993
OPPOSITION: No one indicated their presence in opposition during the public hearing (one person spoke
in opposition following the hearing), and no correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following to retain a 1,500 sq.ft, fast food restaurant in a
commercial retail center under authority of Code Section 18.12.060.110:
Sections 18.06.050.022 -
18.06.050.0225
18.06.050.0231
18.06.050.0233
18.06.080
and 18.48.085.060
Minimum number of parking spaces.
27 s aces required as determined by parking study;
87 spaces required by Code; and
63 spaces existing)
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 the petitioner submitted a parking study, prepared by Hoss/Williams & Associates and dated July
14, 1993, which was approved by the City Traffic and Transportation Manager for this specific use (an
ice cream parlor also selling burgers, sandwiches and gyros, and containing seating for 16 persons)
subject to the parking lot being re-striped to increase the number of parking spaces;
2. That subject property is of adequate size and shape to accommodate the proposed use, and that the
required restriping of the parking lot to make all parking spaces 8'/Z feet wide will eliminate existing
compact spaces (making those spaces more usable) and create additional parking (where existing
spaces are wider than 8% feet);
3. That the granting of the parking waiver, as approved, 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 FINDINGS: That the Zoning Administrator has reviewed the
proposal for waiver of minimum number of parking spaces to retain a 1,500 sq.ft. fast food restaurant in a
commercial retail center on property consisting of approximately 1 acre, having a frontage of approximately
200 feet on the south side of I<ateila Avenue, having a maximum depth of approximately 220 feet, being located
approximately 220 feet west of the centerline of Casa Vista Street, and further described as 1192 West ICatella
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Avenue (tropic Frost Cafe); and does hereby approve the Negative Declaration upon finding that she has
considered the Negative Declaration together wfth 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, f do hereby determine to approve Variance No. 4232,
subject to the following conditions:
1. 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 and 2; provided, however, that the rear parking lot and access
driveways on both sides of the building shall be adequately lighted for the safety of employees and
customers..
2. (a) That the parking lot shall be restriped, in accordance with City Traffic Engineering standards,
to improve on-site vehicular circulation and to make ali parking spaces eight and one-half
(8 %2) to nine (9) feet wide by:
(1) Increasing the width of all eight (8) foot wide compact/small car parking spaces; and
(2) Reducing the width of ten (10) foot wide parking spaces.
(b) That a sign shall be installed and maintained in the front parking area (north) stating that
additional parking is available to the rear (south) of the building.
(c) That such parking lot restriping and added signage shall be submitted to the City Traffic and
Transportation Manager for review and approval prior to installation.
3. That within a period of four (4) months from the date of this decision, Condition Nos. 1 and 2,
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.
4. 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.
This decision is made, signed, and entered into the file this 7th day of September 1993.
Annika M. antalahti, 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. l5 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 forvvard a copy
to the City Clerk.
DATE: September 7, 1993 ~''
Betty Preston. Senior Office Specialist
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