Resolution-ZA 1997-04. •
DECISION NO. ZA 97-04
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4308
OWNER: Joe Wassilian
615 South Hill Street
Los Angeles, CA 90014
AGENT: Patrick Panzazello
8001 Grove Street
Sunland, CA 91040
LOCATION: 514 South State Co11eQe Boulevard (Al Khayam Restaurant)
CEQA STATUS: Negative Declaration
HEARING DATE: April 10, 1997, continued to April 24, 1997
OPPOSITION: That two persons appeared at the April 10, 1997 Zoning Administrator meeting in
opposition to the proposed sale of beer and wine for on-premises consumption in a
proposed restaurant and that one letter was received in opposition to said proposed sale
of beer and wine; but that no one appeazed at the public hearing in opposition to the
parking waiver and no written opposition to the parking waiver was submitted.
REQUEST: Petitioner requests waiver of the following for a proposed 2,235 sq.ft. enclosed
restaurant:
Sections 18.06.050.020.022 - Minimum number of pazking spaces.
18.06.050.020.0232 (50 required; 23 proposed and concurred with by
and 18.06.080 the City Traffic and Transportation Manager)
and 18.44.066.050
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.12.044, 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 during the public hearing the petitioner withdrew his request for the sale of beer and wine for
on-premises consumption in a proposed 2,235 sq.ft. enclosed restaurant (Conditional Use Permit
No. 3923) in an existing 5,208 sq.ft. commercial center with waiver of the minimum number of
parking spaces but requested that the pazking waiver for the proposed restaurant be approved;
2. That the parking waiver and the proposed restaurant, without on-premises sale and consumption of
beer and wine, are identical to what was described in the public notice and discussed in the staff
report, for Conditional Use Permit No. 3923 and, therefore, Variance No. 4308 was assigned to the
modified proposal;
3. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking
spaces to be provided for the proposed restaurant than the number of such spaces necessary to
accommodate all vehicles attributable to such use in the existing commercial center under the
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normal and reasonably foreseeable conditions of operation of such use because the submitted
parking study found that during the busiest hours,. the restaurant is expected to generate 4.89
parking spaces per 1,000 sq,ft. of floor area (11 spaces), and since Code requires 15 parking
spaces per 1,000 square feet (36 spaces), the difference between the required number of spaces and
the expected parking demand for. the restaurant results in a surplus of 10 spaces for every 1,000
sq.ft.of floor area {a total of 25 spaces are available); and that these numbers were based on
parking counts taken for several other comparable Mid-Eastern style restaurants in the area;
4. That the waiver, 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;
5. That the waiver, 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);
b. That the waiver, under theconditions imposed, will not increase traffic congestion within the off-
street parking areas or lots provided for such use; and
7. That the. waiver, under-the conditions imposed, will not impede vehicular ingress to or egress from
adjacent properties upon the public streets in the immediate vicinity of the proposed use.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4308, subject to the following conditions:
L That any tree which is damaged or removed as a result of the proposed construction shall be
replaced with one (1), minimum fifteen (15) gallon-sized, tree of the same variety.
2. That trash storage areas for the subject property shall be provided and maintained in a location
acceptable to the Public Works Department, Streets and Sanitation Division, in accordance with
approved plans on file with said department.
3. That the petitioner/property owner shall:
(a) Install a rnatchingpalm tree in the empty right-of-way tree well adjacent to State College
Boulevard;
(b) Install one (1), minimum fifteen (15) gallon-sized, tree in the planter at'the northwest corner
of the property; and
(c) Install ground cover and shrubs in the planter south of the building.
4. That the petitioner/property owner shall repave and restripe all driveway and parking lot surfaces
on the subject property in accordance with Public Works Department, Streets and Sanitation
Division, standards and as reviewed .and approved by the City. Traffic and Transportation Manager.
5. 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, including that the maximum seating for patrons shall be
seventy (70) seats.
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6. That the granting of this parking variance is contingent upon operation of the use in conformance
with the assumptions relating to the operation and intensity of use as contained in the parking
demand study (dated December 23, 1996) that formed the basis for approval of said waiver.
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 expressed conditions
imposed upon said waiver which shall subject this waiver to termination or modification pursuant
to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
7. .That the petitioner shall either: (a) make appropriate revisions to the plans (fora "fast food"
establishment with ten seats) recently submitted in connection with a building permit for subject
premises or (b) obtain a new building permit for an enclosed restaurant, as required by the
Building Division.
8. That prior to issuance of a building permit or prior to commencement of the activity herein
approved, whichever occurs first, Condition No. 7, 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.
9. That prior to commencement of the activity authorized by this decision or prior to final building
and zoning inspections, whichever occurs first, Condition Nos. 2, 3, 4 and 5, above-mentioned,
shall be complied with.
10. 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 1st day of May, 1997.
Anm a M. antalahri
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 days of the date of the signing of
this decision or unless members of the Ciry 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.
DATE: May 1, 1997
ielle C. ciel
Word Processing Operator
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CITY OF ANAHEIM, CALIFORNIA
Planning Department
May 2, 1997
PATRICK PANZARELLO
8001 Grove Street
Sunland, CA 91040
Following is an excerpt from the minutes of the Anaheim City Zoning Administrator meeting of
April 24, 1997 regarding Public Hearing No. 1, Conditional Use Permit No. 3923.
1. PUBLIC HEARING:
AGENT: PATRICK PANZARELLO
8001 Grove Street
Sunland, CA 91040 ,
LOCATION: 514 South State College Boulevard . Al Khayam Restaurant.
The petitioner withdrew this request to permit on-premise sales and consumption of beer a.-rd
wine in a proposed enclosed restaurant with waiver of minimum number of parking spaces.
Annika Santalahti, Zoning Administrator accepted the request.
incerely, ~
«-yti/~A~~ , - p
aniel(e C. sciel, Word Processing Operator
Anaheim City Zoning Administrator
ZA-C3923.WP
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92803 (714) 254-5139
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