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Resolution-ZA 1991-16I~CGSIQd ~' '.~ 7JCNIl~~ ATJ HEARING DATE: March 21, 1991 PETITION: COPDITIOPAL IISg PgRIiIT AO. 3399 CEQA STATUS: NEGATIVE DECLARATION - ZA 91-16 OPPOSITION: No one indicated their presence in opposition at the public hearing; and no correspondence in opposition was received. OWNER:. REDONDO INVESTMENT COMPANY P.O. Box 14478, Long Beach CA 90803 Attention: C. Robert Langslet, General Partner AGENT: HSW ASSOCIATES P.O. BOX 1566, San Juan Capistrano CA 92693 Attention: Harry S. Weinroth LOCATION: 6362 Santa Ana Cannon Road REQUEST: Petitioner requests approval of a conditional use permit under authority of Code Section 18.12.050.010 to permit on-sale alcoholic beverages in a proposed restaurant with waiver of: SECTSONS 18.06.050.020.021 - Minimum number of Harkins spaces. 18.06.050.020.022 (424 required; 348 proposed) " 18.06.050.020.0231 18.06.050.020.0233 18.06.080 and 18.44.066.050 Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced petition, pursuant to Anaheim Municipal Code Section 18.12.020, and a public hearing having been duly noticed for and held on the date set forth above, I do hereby. find, pursuant to the Sections 18.02.030.030 through 18.02.030.035 of the Anaheim Municipal Code: 1. That the above-mentioned waiver is hereby granted for the specific use (a 3,990 sq.ft. enclosed restaurant) on the basis that a parking analysis, titled "Anaheim Hills Shopping Center, Parking" and dated February 4, 1991, was prepared by Weston Pringle & Associates and approved by .City Traffic Engineering; and that the parking waiver will .not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining .land uses and granting of ..the parking waiver 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. ZA-3399 -1- ZA 91-16 • Conditional Use Permit No. 3399 Page 2 2. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; 3. That the proposed use will not adversely .affect the adjoining land uses and the growth and development of the area in which is proposed to be located; 4. 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; 5. -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 6. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peach, health, safety and general welfare of the citizens of the City of Anaheim. CALIFORNIA ENVIRONMENTAL 4UALITY ACT FINDING: That the Zoning Administrator has reviewed the proposal to permit on-sale alcoholic beverages in a proposed restaurant with waiver of .minimum number of parking spaces on an irregularly shaped parcel of land consisting. of approximately 6.6 acres located at the southwest corner of Santa Ana Canyon. Road 'and Fairmont Boulevard, having frontages of approximately 280 feet on the south `side of Santa Ana Canyon Road and 384 feet on the west side. of Fairmont Boulevard, and further described as 6362 Santa. Ana Canyon Road; 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. 3399, subject to the following conditions: 1. 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. l and 2. 2. That the alcohol sales authorized by this resolution shall take place only in conjunction with the sale, serving and consumption of prepared food items. ZA-3399 -2- ZA 91-16 • Conditional Use Permit No. 3399. - Page 3 3.* That trash storage-area(s) shall be provided end maintained in location(s) acceptable to the Street Maintenance and sanitation Division and in accordance with. approved plans on file with said division. Such information shall be specifically shown on the plans submitted for building ..permits. 4. That a "plan sheet" for solid waste storage and collection shall be submitted to the Department of Maintenance for review and approval. The plan hall be stamped "approved". S. That a double refuse enclosure for recycling shall be provided. 6. 'That .prior' to commencement of the activity approved 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.- 3 and 4, .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. T. That prior to commencement of the. activity approved by this decision or prior to final building -andzoning'nspections, whichever occurs first, ...Condition Nas. 1 and 5, above--mentioned, sha~.l be approved. 8.* 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 requrement._ Conditions marked with an asterisk (*) are .required by established laws, codes, regulations and agreements and are, therefore, not subject to negotiation. This. decision is made, signed, and entered into the file this twenty eighth day of March, 1991:. 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 ar 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: ,March 28, 1991 ZA-3399 Margar t Solorio, Acting Secretary -3- ZA 91-16