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Resolution-ZA 1995-09 • • DECISION NO 9K-ng A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE N0.4274 . OWNER: ROXANA PEREZ 1611 Ricky Avenue Anaheim, CA 92802 AGENT: PAUL KOTT 1225 West Lincoln Avenue Anaheim, CA 92805 LOCATION: 2400 West Lincoln Avenue CEQA STATUS: Negative Declaration HEARING DATE: May 25, 1995 OPPOSITION: .One person spoke in opposition to the proposal at the public hearing, and no correspondence In opposition was received. ;, SUPPORT: One person spoke fn support of the proposal at the public hearing, and one letter in support was received. REQUEST: Petitioner requests waiver of the following to establish a dental office: Sections 18.06.050.021 0211 - Minimum number of narking spaces. 18.06.080 13 required; and 18.41.066.050 14 proposed and concurred with by the City Traffic and Transportation Manager) 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 proposed user of the entire building is a single tenant-owner dentist with no more than 3 staff and 2 patients on-site at any given time; and, therefore, only 5 parking spaces per. hour will be needed; 2. That the granting of the waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; 3. 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; 4. That the variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to said use under the normal and reasonably foreseeable conditions of operation of such use; ZAV4274a.WP 1 of 3 ZA 95-09 _~ • • 5. That the variance, under the conditions imposed, will not Increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 6. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of this Code); 7. That the variance, under the conditions imposed, will not increase traffic congestion, noise, air pollution, or traffic circulation conflicts, within the off-street parking areas or lots provided for .such use; 8. That the variance, under the conditions imposed, will not increase traffic congestion, noise, air pollution, or impede vehicular. ingress to or egress from adjacent properties, upon the public streets in the immediate vicinity of the proposed use; and 9. That the granting. of this variance is contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity of the use as contained in the parking demand study that formed the basis for approval of said variance. Exceeding, violating,. intensifying or otherwise deviating from any of said assumptions as contained in the parking demand study shall be deemed a violation of the express conditions imposed herein and may result in this variance being subject to termination or modification pursuant to the provisions of Section 18.03.091 and 18.03.092 of this Code. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for waiver of minimum number of parking waivers to establish a dental office on property consisting of approximately 0.19 acre located at the southwest corner of Lincoln Avenue and Gilbert Street; 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. 4274, subject to the following conditions: That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with -the most current version of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 2. 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. 3. That prior to commencement of the activity herein approved, or 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 No. 1, 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, as required by Section 18.41.068 "Required Site Screening," a minimum six (6) foot high block wall shall be maintained along the south and west property lines adjacent to the residential zoning and uses. ZAV4274a.WP 2 of 3 ZA 95-09 • ~ 5. .That the subject office building shall be occupied by a single tenant dental office. 6. 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 compi(ance or approval of the request regarding any other applicable ordinance, regulation or requirement. This decision is made, signed, and entered into the fife this ist day of-June, 1995. 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 of tha 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, 1 did deposit, in the United States Maii, a copy of the decision to the applicant and did forward a copy to the City Clerk. DATE: June 1, 1995 .~~~^~- ~~~Cl.~ Eleanor Fernandes, Sr. Word Processing Operator ZAV4274a.WP 3 of 3 ZA 95-09 CITY OF ANAHEIM, CALIFORNIA Planning Department May 16, 1995 Art Bermudez 1731 West Katella Avenue Anaheim, CA 92804 RE: Conditional Use Permit No. 3393 -Denial of request for a retroactive Time Extension At the meeting. of May 11, 1995, Annika M. Santalahti, Zoning Administrator, considered your request for a retroactive time extension for Conditional Use Permit No. 3393 in order to comply with the conditions of approval. Ms. Santalahti denied your request on the basis that subject use permit was approved in 1991 and never utilized and, therefore, it would be appropriate that a time extension be considered following public notification so that any changes which may have occurred during the interim 4 years can be addressed during a public hearing. If you want to apply for a public hearing, please contact Zoning Division staff at the telephone number listed below. Sincerely, ~.~~~ Eleanor Fernandes Sr. Word Processing Operator c: City Clerk Licensing Supervisor, Alcoholic Beverage Control za-c3393.wp 200 South Anaheim Boulevard P.O. Box 3222. Anaheim. California 92803 (714) 254-5139