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Resolution-ZA 1991-28R i ~s~~ ~ ~ ; HEARING DATE: June 27, 1991 PETITION: CC~IDITIOI~AL USE PERNIIT l+b. 3425 CEQA STATUS: Negative Declaration f lATOR - ZA 91-28 ~ , ..- OPPOSITION: No one indicated their presence in opposition at the public hearing and no correspondence was received. OWNERe A.F.. RICHTER AND DORIS K. RICHTER 30001 Crown Valley Parkway, Suite P, Laguna Niguel, CA 92677 LOCATION: 1086 North State College Boulevard REQUESTS Petitioner requests approval of a conditional use permit under authority of Code Section 18.12.050.010 to permit the expansion of a an existing restaurant/nightclub with waiver of the following: SECTIONS 18.06.050.0211 18.06.050.0212 18.06.050.022 18.06.050.0231 18.06.050.0232 18.06.0$0 18.12.060.110 and 18.44.066.050 - Minimum number of parking spaces. (623 required; .518 existing) 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 parking analysis contained in the letter from TSE Traffic Safety :Engineers and dated April 29, 1991, was reviewed and approved by the City Traffic Engineering Section for the specific combination of commercial uses on subject property; 2. That the parking variance (permitting 17~ fewer parking spaces than required by Code for the entire shopping center) 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, if any, 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 is properly one for which a conditional use permit is authorized by the Zoning Code; 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; ZA-3425. -1- ZA 91-ZS • • Conditional Use .Permit No. 3425 Page 2 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 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. cALZPORNiA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has reviewed the proposal to permit the expansion of an existing restaurant/night club with on-sale liquor and with waiver of mimimum number of parking space an irregular y-shaped parcel of land consisting of approximately 9 acres located north and east of the northeast corner of La Palma Avenue .and State College Boulevard, having approximate frontages of 525 feet on the north side of La Palma Avenue and 461 feet on the east side of State. College. Boulevard, .and further described as 1086 North State College Boulevard; 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 tome, I do hereby determine to APPROVE Conditional Use Permit No. 3425, subject to the following conditions: 1. * That fire sprinklers shall be installed as required by the Fire Department. 2. That a local fire alarm system shall be provided for the entire club, both old and new, as required by the Fire Department. 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. 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. 5. That the existing landscaping in the vicinity of the subject restaurant (that is, an area within a radius including thirty two [32] parking spaces) shall be refurbished (including the irrigation facilities). A landscaping plan so-specifying shall be submitted to the Planning Department for review and approval. Said landscaping and irrigation facilities shall be properly maintained thereafter. ZA-3425 -2- ZA 91-28 ~ • Conditional Use Permit No. 3425 Page 3 6. 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. 7. That the loading dock area at the rear of subject restaurant (existing and proposed) shall have a metal railing installed to prevent people leaving the rear building exit(s) from walking or falling into the loading dock. If the existing rear exit(s) do not align with the loading dock, railings need not be installed 8. That prior to final building and zoning inspections, or prior to commencement of the activity approved herein, 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. 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 or 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 third day of July, 1991. P'~j 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 co/py to the,.~City Clerk. DATED: July 3, 1991 ,~ ,CK • .~c:G~~~~,/Jf6~ Pamela H. Starnes Administrative Assistant ZA-3425 -3 - ZA 91-28