Loading...
Resolution-ZA 1988-41• ~ DECISION OF THE ZONING ADMINISTRATOR - ZA 88-41 PETITION NO.: CEQA STATUS: NEGA IVE DECLARA HEARING DATE: June 3 1988 OPPOSITION: No one i dicated their presence in opposition and no correspo deuce was received. SUPPORT: One person indicated his presence in favor. OWNER: DOVALIS PRO ERTIES Attention: ICHOLAS J. DOVALIS AND LILLIAN DOVALIS 1624 W. Chant'cleer Road, Anaheim, CA 92802 AGENT: SAMI ZIDAN, 91 S. Magnolia, Unit B, Anaheim, CA .92801 LOCATION::. 918 S. Magnolia nit C REQUEST: Petitioner request approval. of a Conditional Use Permit under authority of Cade ctions 18.12.050.010 and 18.44.050.010 to permit on-sale beer and wine in conjunction with expansion of an existing enclosed restaurant.' Having been appointed Zoning Administ afar by the Planning Director to decide the above-referenced petition, pursua t to Anaheim Municipal Code Section 18.12.040, and a public hearing having, een duly noticed. and held on the date set forth above, I do hereby find: 1. .That the proposed use is properly on for which a conditional use permit is authorized by the Zoning Code; 2. That the proposed use will not adverse y affect the adjoining land uses and .the growth and development of the a ea in which is is proposed to be located; 3. That the size and shape of the site far t e proposed use is adequate to allow the full development of the propose use 'in a manner not detrimental to the particular area nor to he peace, health, safety, and general welfare; 4. That the .traffic generated by the proposed us will not impose an undue burden upon the streets and highways designed nd improved to carry the traffic in the area; and 5. That the granting of the conditional use permit der the conditions imposed will not be detrimental to the peace, hea th, safety and general. welfare of the citizens of the City of Anaheim. ',. r Page 2 Conditional Use Permit No. 3030` Based on the evidence and testimony presented to me, I do hereby determine to approved Conditional Use Permit No. 3030, subject to the following conditions: 1. That a fee sha 1 be paid to the City of Anaheim for street lighting along Magnolia Avenue 'n an amount as determined by City Council resolution. 2. That a fee shall b paid to the City of Anaheim for tree planting along Magnolia Avenue in amount as determined by City Council resolution. 3. That trash storage ar as shall be provided and maintained in a location acceptable to the Stre t Maintenance and Sanitation Division and in accordance with approv plans on file with said Division. 4. That a parking plan indi ating compliance with City parking lot design standards shall be subrni ted to and approved by the City Traffic Engineer. 5. That subject property sha 1 be developed substantially in accordance with plans an8 specifications o file with the City of Anaheim marked Exhibit Nos. 1.through 3. 6. That prior to commmencement f the activity herein approved or prior to final building and xoninq in pections, whichever occurs first, Condition Nos. l through 5, `above-mend ned, shall be complied with. 7. '.That approval of this applicat on constitutes approval of the proposed request. only. to the extent that it complies with the Anaheim Municipal Zoning Code and any other applic ble Gity regulations. Approval does not include any action or findings as°to'compliance or approval of the request regarding any other.. appli le ordinance, regulation or requirement. This decision is made, signed, and entere into the file this seventh day of July, 1988. ~ ~. `~ ,/ ~ ~~ , A A i~ M rA ®i w M. Santalahti Administrator NOTICE: This decision shall become final unles an appeal to the City Council; in writing, accompanied by an appeal f , is filed with the City Clerk within 15 days of the date of the signing f this decision or unless members of the City Council shall request to revi w this decision within said 15 days. DECLARATION OF SERVICE BY MAIL: I do hereby declar under penalty of perjury that on the date set forth below, I did deposit, in he United. States Mail, a copy of the decision to the applicant and did forwar a copy to th ity Clerk. DATED: July 7, 1988 Pamela H. Sta ,.Senior Secretary 0066g ~ 2 ZA 88-41 r • • DECISION OF THE ZONING ADMINISTRATOR - ZA 88-41 PETITION NO.: CONDITIONAL USE PERMIT N0. 3030 CEQA STATUS: NEGATIVE DECLARATION HEARING DATE: June 30, 1988 OPPOSITION: No one indicated their presence in opposition and no correspondence was received. SUPPORT: One person indicated his presence in favor. OWNER: DOVALIS PROPERTIES Attention: NICHOLAS J. DOVALIS AND LILLIAN DOVALIS 1624 W. Chanticleer Road, Anaheim, CA 92802 AGENT: SAMI ZIDAN, 918 5. Magnolia, Unit B, Anaheim, CA 92801 LOCATION: 918 S. Magnolia, Unit C REQUEST: Petitioner requests .approval of a Conditional Use Permit under authority of Code Sections 18.12.050.010 and 18.44.050.010 to permit on-sale beer and wine in conjunction with expansion of an existing enclosed restaurant. Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced petition, pursuant to Anaheim Municipal Code .Section 18.12.040, and a public hearing having been duly noticed and held on the date set forth above, I do hereby find: 1. That the proposed use is properly one for which a conditional use permit is authorized by .the Zoning Code; 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of 'the area in which is is proposed to be located; 3. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That the .granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7/18/88 Revised to include CEQA findings: Page 2 Conditional Use Permit No. 3030 CALIFORNIA ENVIRONMENTAL OUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal to permit on-sale beer and wine in conjunction with the expansion of an existing .restaurant on a rectangularly-shaped parcel of land consisting of approximately 1.5 acres having a frontage of approximately 273 feet on the east side of Magnolia Avenue, having a maximum depth of approximately 241 feet,. and being located approximately 159 feet north of the centerline of Ball Road and further described as 918 S. Magnolia Avenue, Unit C; 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, I do hereby determine to approved Conditional Use Permit No. 3030, subject to the following conditions: 1. That a fee shall be paid to the City of Anaheim for street lighting along Magnolia Avenue in an amount as determined by City Council resolution. 2. That a fee shall be paid to the City of Anaheim for tree planting along Magnolia Avenue in an amount as determined by City Council resolution. 3. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. 4. That a parking plan indicating compliance with City parking lot design standards shall be submitted to and approved by the City Traffic Engineer. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the. City of Anaheim marked Exhibit Nos. 1 through 3. 6. That prior to commmencement of the activity herein approved or prior to final building and zoning inspections, whichever occurs first, Condition .Nos. 1 through 5, above-mentioned, shall be complied with. 7. 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 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. 2 ZA 88-41 Page,3 Conditional Use Permit No. 3030 • This decision is made, signed, and entere into the file th~ seventh day of July, 1988. 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. DATED : July 7 , 19 8 8 ,~__ e~~/~ ~ ~ ~Ci~~C% :~~1?D ~~ Pamela H. Starnes, Senior Secretary 0066g 3 ZA 88-41"