Resolution-ZA 2000-41• •
DECISION NO. ZA 2000-41
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO.2000-04412
OWNER: GELB Enterprises
P.O. Box 8370
Van Nuys, CA 91409
AGENT: Mohamed Elshami
11495 Riverside Drive
#301, Studio City, CA 91602
LOCATION: 2424 West Ball Road. Units G and H
HEARING DATE: November 2, 2000, continued from the October 19, 2000 meeting.
OPPOSITION: One person spoke in opposition to the proposal and three people indicated their
presence in opposition at the October 19, 2000 meeting.
REQUEST: Petitioner requests waiver of the following to establish a seafood delicatessen and
restaurant in a commercial retail center in the CL (Commercial, Limited) zone:
Sections 18.06.050.020.021.0211
18.06.050.020.022
18.06.050.020.022.0222
18.06.050.020.022.0225
18.06.050.020.023.0231
18.06.050.020.023.0233
18.06.080
18.12.060.110
and 18.44.066.050
Minimum number of parkins soaces.
(220 required;
182 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, { do hereby find:
1. That this parking waiver, as discussed in the Staff Report to the Zoning Administrator
and under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the
use that the number of such spaces necessary to accommodate all vehicles attributable to such use
under the normal and reasonable foreseeable conditions of operation of such use.
2. That this waiver, under the conditions imposed, will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect any adjoining land uses.
3. That this 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.
4. That this 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).
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5. That this waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for such use.
6. That this 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.
7. That this 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 seafood
delicatessen and restaurant in a commercial retail center in the CL (Commercial, Limited) Zone on an
irregularly-shaped 3.1-acre property located at the southwest comer of Ball Road and Gilbert Street, with
frontages of 620 feet on the south side of Ball Road and 130 feet on the west side of Gilbert Street, and
further described as 2424 West Ball Road, Units G and H; and that the Planning Director or his
authorized representative has determined that the proposed project is Categorically Exempt, Class 1,
under Section 15061(b)(3) of the State of California Environmental Quality Act Guidelines.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2000-04412, subject to the following conditions:
1. That the combined square footage of all food-related uses (restaurants and retail food products) in
this commercial retail center shall not exceed fifty percent (50%) of the total square footage of the
entire center.
2. That there shall be no commercial truck deliveries after 10:00 a.m. or before 9:00 p.m., seven days a
week; and that commercial trucks shall not be parked or stored on subject property except for
loading and unloading purposes.
3. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
4. That the property owner shall submit a Letter to the Zoning Division requesting termination of
Conditional Use Permit No. 2332 (to permit on-sale alcoholic beverages in a proposed restaurant,
Units K and L), Conditional Use Permit No. 2283 (to permit on-premises sale and consumption of
alcoholic beverages in conjunction with meals only in a restaurant, Unit L), and Conditional Use
Permit No. 2266 (to permit on-premises sale and consumption of beer and wine in an existing
restaurant, Unit Z).
5. That no "compact" or "small car" parking spaces shall be permitted.
6. That granting of this parking waiver is contingent upon operation of the uses in conformance with the
assumptions and/or conclusions relating to the operation and intensity of use as contained in the
parking demand study that formed the basis for approva{ of said waiver. Exceeding, violating,
intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in
the parking demand study, shall be deemed a violation of the expressed conditions imposed upon
said waiver which shall subject this variance to termination or modification pursuant to the provisions
of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
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7. That the following landscaping improvements shall be made:
(a) That a landscaping plan shall be submitted to the Zoning Division for review and approval
showing a minimum of two (2) additional trees in the planter along Ball Road; that the species,
size and location of each tree shall be shown on the plan; and that the plan shall also show the
ten (10) existing trees on the property (species, size and location) and any existing and/or
proposed irrigation facilities. The Zoning Division will confer with knowledgeable city staff and/or
'Tree Power* to determine the most suitable trees for this property and
(b) That the petitioner and the owner of this commercial property shall confer and work with
Planning Department staff (Code Enforcement Division and Zoning Division) and 'Tree Power"
to determine whether additional trees can be obtained and planted at this property.
8. (a) That commercial truck loading and unloading areas (for up to three (3) trucks) shall be
specifically designated on this commercial property; and that such information, including the
location and dimensions of each area, shall be submitted to the City Traffic and Transportation
Manager for review and approval prior to issuance of a building permit, and shall then be shown
on the plans submitted for building permits; and
(b) That, as required by the City Traffic and Transportation Manager, the above-described truck
loading and unloading areas shall be clearly designated (striped); and
(c) That the truck loading and unloading areas shall not be permitted within sixty five (65) feet of
Ball Road (that is, such truck areas shalt not be permitted in the two rows of parking spaces
closest to Ball Road); and
(d) That no trucks shall be parked or stored within sixty five (65) of Ball Road; and that no trucks
shall be parked or stored anywhere on subject property for the purpose of advertising this
commercial retail center or any of the tenant businesses.
9. 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, and as conditioned herein, including the planting of at least
two (2) new trees in accordance with Condition No. 7 herein.
10. That prior to commencement of the activity authorized by this decision, 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 Nos. 4, 7 and 8(a), 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.
11. That prior to commencement of the activity authorized by this decision, Condition Nos. 8(b) and 9,
above-mentioned, shall be complied with.
12. 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 8th day of November, 2000.
.~
Annika M. Santalahti, Zoning Administrator
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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: November 8, 2000
Patricia Kora , Sr. ord Pro sing Operator
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