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Resolution-ZA 1998-21t- :_ ~', DECISION NO. ZA 98-21 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO.4344 OWNER: Stephen Hsu 435 W. Katella Avenue Anaheim, CA 92802 AGENT: Wenna Chen C/O JWDA 430 S. Garfield Avenue, Suite 400 Alhambra, CA 92802 LOCATION: 515 West Katella Avenue (Four Points Sheraton Hotel) CEQA STATUS: Negative Declaration HEARING DATE: July 30, 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 afull-service restaurant in conjunction with a hotel: Sections 18.06.050.020.0241 - Minimum number of parking spaces. 18.12.060.110 ~ t•122 required; 97 proposed) and 18.48.110.120 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,.) do hereby find: 9 . That the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. 2. That the parking 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. 3. That the parking 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). 4. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. 5. That the parking waiver, underthe 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. 6. That granting of the parking waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses. ZA-V4344.doc - 1 of 2 - ZA 98-21 ~ ~ 7. That granting of the parking waiver, under the conditions imposed wilt 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 proposed waiver of minimum number of parking spaces to establish afull-service restaurant in conjunction with a hotel on 1.09-acre rectangularly-shaped property having frontage of approximately 190 feet on the north side of Katella Avenue, a maximum depth of approximately 250 feet, being located approximately 260 feet east of the centerline of Harbor Boulevard, and further described as 515 West Katella Avenue (Four Points Sheraton); 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, 1 do hereby determine to approve Variance No. 4344, subject to the following conditions: 1. That within a period of two (2) years from the date of this decision, subject property shall be developed substantially in accordance with plans and specifications on file with the Planning Department marked Exhibit Nos. 1, 2 and 3. Extensions for further time to complete said condition may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 2. That the granting of this variance shall be deemed contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of the use as contained in the Parking Demand Study prepared by Advantec Consulting. Engineers dated March 25, 1998 on file in the Planning Department. Exceeding, violating, intensifying or otherwise deviating from any. of said assumptions as contained in said Parking Demand Study shall be deemed a violation of the express conditions imposed upon the granting of this variance which shall subject said variance to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 3. That approval of this application constitutes approval of theproposed 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 6th day of August 1998. ~~ ~ 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 days 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 Mail, a copy of the decision to the applicant and did forward a copy to the City Clerk. ,~ ~,~,^ DATE: August 6, 1998 //' ~C/ ~ 1 !'.~~ /`YJY~'! Patricia Koral Word Processing Operator ~- ZA-V4344.doc - 2 of 2 - ZA 98-21