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Resolution-ZA 1988-49,~ DECISION OF THE. ZONING ADMINISTRATOR - ZA 88-49 PETITION: VARIANCE N0. 3825 CEQA STATUS: NEGATIVE DECLARATION DATE OF PUBLIC HEARING: July 28, 1988 OPPOSITION: That no one indicated their. presence in opposition to the proposal and no correspondence was received. OWNER: ALLYN B. SCHEU and ROSEMARY B. SCHEU, P.0. Box 250, Upland, CA 91785 LOCATION: 1003 North Euclid Street REQUEST: Petitioner requests waiver of the following under authority of Code Sections 18.06.080 and 18.12.060.110 to permit a take-out pizza restaurant (Little Caesars Pizza Restaurant): 'SECTIONS 18.06.050.022 - Minimum Number of Parking Spaces. 18.06.050.0231 (123 required; 64 proposed 18.06.050.0233 and '18.44.066.050 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, I do hereby find: 1. That the request is specifically for a take-out pizza restaurant with no seating capacity for customers to eat on the premises,-that most customers cal -in their orders for delivery by restaurant employees, and that other existing uses in this commercial center are compatible in terms of parking useage (especially a donut shop which has heavier traffic early in the day in contrast to the proposal which has heavier useage later in the day); 2. That the parking variance will not cause an increase. in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; and 3. That the .granting of the parking variance under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. °'~_ " Page 2 :Variance No. 3825 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator 'has reviewed"the proposal to establish a take-out pizza restaurant with waiver of minimum number of parking spaces on a rectangularly-shaped parcel of land consisting of approximately 0.8 acre located at the northwest corner of Francis Drive and Euclid Street, having approximate frontages of 230 feet on the north side of Francis Drive and 152 feet on the west side of Euclid Street, and further described as 1003 N. Euclid Street; 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 approve Variance No. 3825, subject to the following conditions: 1. That the legal owner of subject property shall. irrevocably offer to dedicate to the City of Anaheim a strip of land fifty .three (53) feet in width from the centerline of the street along Euclid Street for street widening purposes, unless previously satisfied in connection with Variance No. 3675. 2. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim an additional strip of .land along Euclid Street, measured southerly from the ultimate right-of-way line at the corner of the intersection of Euclid Street and La Palma Avenue, including a fifteen (15) foot radius return at Francis .Drive, and varying in width from twelve (12) feet for `the first three hundred (300) feet and then transitioning from twelve (12) feet to 0 feet; for the next three hundred (3.00) feet, unless previously satisfied in connection with Variance. No. 3675. 3. That sidewalks, curbs, gutters and driveways shall be repaired along Euclid Street and Francis Drive as required by ,the City Engineer and in accordance with standard plans and specifications on file in the Office of .the City Engineer. 4. That the driveway on Euclid Street shall be reconstructed to accommodate ten (10) foot radius curb returns. Existing broken or cracked driveways ..shall be removed and replaced as required by the. City Engineer, unless previously satisfied in connection with Variance No. 3675. 5. 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, unless previously satisfied in connection with Variance No. 3675. 6. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. 2 ZA 88-49 ~~ Page 3 Variance No. 3825 7. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 8. That the proposal shall comply with. all signing requirements of the CL (Commercial, Limited) Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 9. That the on-site landscaping shall be maintained in compliance with City standards. 10. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2 and 3. 11. That prior to issuance of a building permit, or within a period of one year from the date of this decision, whichever occurs first, Condition Nos. 1 and 2, 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. 12. That prior to final building and zoning inspections, .Condition Nos. 3 through 7 and 10, above-mentioned, shall be complied with. 13. 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. This decision is made, signed, and entered into the file this fourth day of August, 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 1515 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 Mail, a copy of the decision to the applicant. and did forward a copy to the City Clerk. DATED: ~ 1 ~~ ~/~l~ ih~' .~'~:~7 `~ Pamela H. Starnes, Executive Secretary 0089g 3 ZA 88-49