Resolution-ZA 1997-12.~`"
• •
DECISION NO. ZA 97-12
OWNER:
AGENT:
LOCATION:
CEQA STATUS:
A DECISION OF THE ZONING ADMINISTRATOR
DENYING ADMINISTRATIVE ADJUSTMENT NO. 122
VIC PELOQUIN
4740 Bryson Street, Anaheim, CA 92807
TED KAMINSKI
6431 North Comet Circle, Anaheim, CA 92807
124 South Fairmont Boulevard.
Categorically Exempt, Class 1
DATE NOTICES MAILED: July 3, 1997
REQUEST: Waiver of the following to establish a 1,223 sq.ft. fast food restaurant (coffee
house) within an existing commercial shopping center:
Sections. 18.06.050.020.0212
18.06.050.020.022
18.06.050.020.0231
18.06.050.020.0233
18.06.050.0264
18.06.050.0266
18.12.080.020
and 18.42.066.050
DETERMINATION OF THE ZONING ADMINISTRATOR
Minimum number of harking spaces.
438 required; 195 proposed)
Having been. appointed Zoning Administrator by the Planning Director to decide the above-referenced
Administrative Adjustment, and subject petition having been duly noticed and no written objections
having been received, I do hereby find, pursuant to Section 18.12.080:
1. That the request was made under Subsection 18.12.080.020 of the Anaheim Municipal Code
which permits waiver of the minimum number: of parking spaces in connection with an
administrative adjustment ff the deviation from the Code requirement does not exceed 10°k and
ff no opposition is received during a 10-day notification period;
2. That no written opposition was received. during the required 10-day notffication period which
ended on July 16, 1997; however, a letter from the adjacent church to the south was received
and advised that CC&Rs have been recorded on both properties (shopping center and church)
concerning church use of the shopping center parking lot;
3. That a church and preschool with a parking waiver were approved on the adjacent property to
the south in connection with Conditional Use Permit No. 2680; and that Condition No. 15 of
said. approval {Resolution No. PC85-121) required that a reciprocal parking agreement be
recorded between the two properties; and
adj-122.wp - 1 of 2 - ZA 97-12
•
4. That the combined number of required parking spaces for subject shopping center and the
adjacent church is 438 (157 for subject property and 281 for the church) and the available
number of spaces is 195 (146 on subject property and 49 on the church property); and that,
therefore, the deviation ftom Code is 55% (i.e., 438 required minus 195 available = 243 deviation
from Code and 243/438=55.4% deviation from Code), which waiver cannot be approved in
connection with an administrative adjustment and must instead be considered in connection with
a public hearing.
Based on the evidence presented to me, I do hereby determine to DENY Administrative Adjustment No.
122.
This decision is made, signed, and entered into the file this 24th day of July, 1997.
~~,
Annika M. antalahti, Zornng 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 State Mail, a copy of the decision to the applicant and did
forward a copy to the C'dy Clerk.
DATED: Jut 24 1997 ~ ~
Y
Patricia Ann Koral, Word Processing Operator
adj-122.wp - 2 of 2 - ZA 97-12