Resolution-ZA 1991-26• •
DF]CISION OF ~ 7ANIIJG ALINIINIS'I'I2ATOR - ZA 91-26
HEARING DATE: June 13, 1991
PETITION: CONDITIONAL USE PERMIT NO. 3422
CEQA STATUS: Categorical Exemption - Class 23
OPPOSITION: That one concerned person spoke at the public hearing, and that no
correspondence in opposition to the proposal was received.
SUPPORT: That two people spoke in support of the proposal at the public
hearing and four people indicated their presence in support.
OWNER:- DENNIS SCIOTTO
9414 Twin Trails. Drive, #202, San Diego CA 92129
AGENT: JOSEPH MESSINA
1339 North East Street, Anaheim CA 92805
LOCATION: 1339 North East Street
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 an
existing restaurant with waiver of:
SECTIONS 18.06.050.0232 - Minimum number of Aarkina spaces.
18.06.080 (55 required; 51 proposed)
18.12.060.110
and 18.51.066.050
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 proposed number of parking spaces is only 7~ less than required by the
Zoning Code, and that the parking analysis submitted by the petitioner and
containing actual on-site parking usage and business hours was been approved by
the City Traffic Engineering Division;
2. That the parking variance will not cause an increase in traffic congestion in
the immediate vicinity nor adversely affect any adjoining land uses;
3. That the granting of the parking variance under the conditions imposed will not
be detrimental to the peace, health, safety or general welfare of the citizens
of the City of Anaheim;
4. That. the proposed use, consisting of on-sale alcoholic beverages in connection
.with the serving of meals, is properly one for which a conditional use permit
is authorized by the Zoning Code;
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ZA 91-26
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Conditional Use Permit No. 3422
5. That the proposed use will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located;
6. 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;
7. 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 ~
8. That the grunting of the .conditional use permit under the conditions imposed
will not be detrimental to the peach, health, safety and general welfare of the
citizens of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has
reviewed the proposal for waiver of minimum number of required parking spaces to
permit on-sale alcoholic beverages in an existing restaurant on an irregularly
shaped parcel of land consisting of approximately 0.86 acre located northwest of the
northwest corner of East Street and Kenwood Avenue, having frontages of
approximately .230 feet on the west side of East Street and 33 feet on the north side
of Renwood Avenue, and further described as 1339 North East Street; and that the
Planning Director or his authorized representative has determined that the proposed
project falls within the definition of Categorical Exemptions, Class 23, as defined
in the State of California Environmental Impact Report (EIR) Guidelines and is,
therefore, categorically exempt from the requirement to prepare an EIR.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Conditional Use Permit No. 3422, subject to the following conditions:
1. * That a fee for street lighting purposes shall be paid to the City of Anaheim
based on the length of street frontages along East Street and Renwood Avenue in
an amount as established by City Council resolution..
2. * That sidewalks shall be removed and/or reconstructed along East Street as
required by the City Engineer and in accordance with standard plans and
specifications on file in .the Office_of the City Engineer.
3. * That plans shall be submitted to the City Traffic and Transportation Manager
for his review and approval showing conformance with the latest revisions of
Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and
driveway locations. Subject property shall thereupon be developed and
maintained in .conformance with said plans.
4. * 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. Such information shall be
specifically shown on the plans submitted for building permits.
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Conditional Use Permit No. 3422
5. A Plan Sheet for solid .waste storage and collection shall be submitted to the
Department of Maintenance for review and approval.
6. That a recycling plan shall be submitted to the Department of Maintenance for
xeview and approval.
7. 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.
8. That prior to commencement of the activity herein approved or within a period
of one (1) year from the date of this decision, whichever occurs first,
Condition Nos. 1, 2, 3, 4, 5, 6 and 7, 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.
9. * 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 ar approval of the request
regarding any other applicable ordinance, regulation or requirement.
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 twentieth day of June,
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 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: June 20, 1991
Pamela H. Starnes
Administrative Assistant
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