Resolution-ZA 1998-01i
DECISION NO. ZA 98-01
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.4329
OWNER: WOHUANAHEIM, LLC
2402 Michelson Drive, #170
Irvine, CA 92612
LOCATION: 1086-1096 North Tustin Avenue and 3800-3822 East LaPalma Avenue
HEARING DATE: January 15, 1998
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 to establish a ballet company and dance
school:
Sections 18.06.050.0212 - Minimum number of parkins spaces.
18.Oti.050A22 (1.75 spaces required; 155 proposed and
18.06.050.02555 recommended for approval by the City Traffic
18.06.050.031 and Transportation Manager)
18.06.080
and 18.110.110
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, t do hereby find:
1. That subject property is located in Development Area 5 (Commercial Area} of the Northeast Area
Specific Plan (SP 94-1);
2. That the findings contained in the traffic study submitted by the petitioner, indicate that no
adverse impacts or increased competition for parking spaces will occur as a result of the operation of this
business;
3. That the City Traffic and Transportation Manager has reviewed the submitted parking study and
determined that the existing 175 spaces are adequate for this specific use;
4. That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to
be provided for such use than the number of spaces necessary to accommodate all vehicles attributable
to the use under the normal and reasonably. foreseeable conditions of operation of the use because most
clients do not drive and are dropped off and picked up (they are children), adult students typically take
classes after 7 pm (when other area businesses are closed}, the average class size is only 5-6 students
with 2 staff members being present, and the ballet schools hours (typically 3:30 to 9:30pm) do not
coincide with area businesses (typicalty Sam to 4:30pm);
5. That the waiver, under the. conditions imposed., will not increase the demand and competition for
parking spaces on the public streets in the immediate vicinity of the proposed use;
6. That the waiver, under the conditions imposed, will not increase the demand and competition for
parking spaces on 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).;
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7. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-
street parking areas or lots provided for this use;
8. 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; and
9. That the granting of the parking waiver 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 establish a ballet company
and dance school on a 1.6-acre parcel consisting of approximately 1.6 acre located at the southeast
comer of La Palma Avenue and Tustin Avenue, having frontages of 315 feet on the south side of La
Palma Avenue and 270 feet on the east side of Tustin Avenue (1086-1096 North Tustin Avenue and
3800-3822 East La Palma Avenue); 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 wilt have a significant effect on the environment.
Based on the evidence and testimony. presented to me, I do hereby determine to approve Variance No.
4329, subject to the following conditions:
That within a period of .one (1) year from the date of this decision or prior to commencement of
the business herein approved, whichever occurs first, 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 and labeled Exhibit Nos.
1 and 2. Extensions for further time to complete said conditions may be granted in accordance
with Section 18.03.090 ofthe Anaheim Municipal Code.
2. That prior to issuance of building permits, plans shall be submitted to the City Traffic and
Transportation Manager for review and approval showing conformance with the most current
versions of Engineering Standard Plan Nos. 436 and 602 gertainina to garkina standards and
driveway location. Subject property shall thereupon be developed and maintained in
conformance with said plans.
3. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim municipal 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 22fnd day of January 1998.
_/, ,, ,
Annika M. S~~a"n~~t~a--lahti, 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 Mait, a copy of the decision to the applicant and did
forward a copy to the City Clerk.
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DATE: January 22, 1998
d ~ Patricia Koral, Word Processing Operator
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