Resolution-ZA 1991-29~ •
DF]CISION OF Z~ ZONIIdG A~TIS"I~A'IOR - ZA 90-29
HEARING DATE: July 11, .1991
PETITION: ~ID1'PIQ~L USE PERMIT Imo. 3433
CEQA STATUS: Negative Declaration
OPPOSITION:
OWNER:
AGENT:
LOCATION:
One interested person spoke at the public hearing, no one
indicated their presence in opposition, and no correspondence in
opposition was received.
ENDOWMENT REALTY INVESTORS, INC.
c/o TCW Realty Advisors
400 South Hope Street Suite 600, Los Angeles CA 90071
BETTINA SCHOLAR
Essex Realty Management Inc., 17702 Cowan Street Suite 100
Irvine CA 92714
5550 to 5640 Santa Ana Canyon Road, property consisting of
approximately 9.8 acres located at the southwest corner of Santa
Ana Canyon Road and Imperial Highway.
REQUEST: Petitioner requests approval of a conditional use permit under
authority of Code Sections 18.12.050.010, 18.44.050.010 and 18.84.061
to permit a 4,060 sq.ft. enclosed restaurant with on-sale beer and
wine in an existing commercial retail center, with waiver of:
(A) SECTIONS 18.06.050.0211
18.06.050.022
18.06.050.0221
18.06.050.0231
18.06.050.0233
18.06.050.0234
18.06.080
18.12.060.110
and 18.44.066.050
- Minimum number of varkina spaces.
(660 required; 586 proposed)
(B) SECTIONS .18.12.060.010 - Roof-mounted ectuivment.
and 18.84.062.032 Roof mounted equipment prohibited;
roof-mounted air conditioning
equipment proposed)
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:
ZA3433 -1- ZA 91-29
• •
Conditional Use Permit No. 3433
Page 2
1. That a parking study labeled "Parking Demand Study for Rancho Yorba Town &
Country Shopping Center", prepared by Linscott, Law and Greenspan,
Engineers and dated May 2, 1991, was reviewed and approved by the City
Traffic Engineering Section for the following proposed modifications to
subject commercial center:
Existing commercial center 110,117 sq.ft.
Retail to be converted to two restaurants 8,469 sq.ft.
New retail pad to be added to the center 6,075 sq.ft.
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, if
any, will not be detrimental to the peace, health, safety or general
welfare of the citizens of the City of Anaheim;
4. That there are special circumstances applicable to the property such as
shape, topography, location and surroundings, which do not apply to other
identically zoned properties in the vicinity;
5. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties under identical zoning
classification in the vicinity;
6. 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;
7. 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;
8. 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;
9. 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
10. 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.
ZA3433 -2- ZA 91-29
• •
Conditional Use Permit No. 3433
Page 3
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal to permit a 4,060 sq.ft. enclosed restaurant in an
existing commercial retail center with on-sale beer and wine, and with waivers
of minimum number of parking spaces and roof-mounted equipment on an
irregularly-shaped .parcel of land consisting of approximately 9.8 acres located
at the southwest corner of Santa Ana Canyon Road and Imperial Highway, having
approximate frontages of 698 feet on the south side of Santa Ana Canyon Road
and 708 feet on the west side of Imperial Highway, having a maximum depth of
approximately 745 feet and further described as 5550 to 5640 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
APPROVS Conditional Use Permit No. 3433, subject to the following
conditions:
1. That the existing parking lot for the entire commercial center shall be
restriped in accordance with Engineering Standard Plan No. 436 and 601D,
as required by the City Traffic and Transportation Manager.
2. * 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 for restaurant only.
3. That prior to issuance of a building permit, a solid waste management plan
with recycling capabilities shall be approved by the Street Maintenance
and Sanitation Division. Upon occupancy of the project, said plan shall
commence and shall remain in full effect as required by said Division for
restaurant only.
4. Prior to issuance of a building permit, suitable plan(s) shall be
submitted to show that the roof-mounted air conditioning equipment will
not be visible from any adjacent public street or private property at
finished grade level, or any floor level of any adjacent residential
structure. ("Suitable" plans shall consist of one or more of the
following: Roof Plan, Elevation(s), Section(s) through the building
.showing line(s)-of-sight between the equipment and adjacent property(ies)
and streets, and/or Site Plan showing the proposed equipment location
relative to adjacent praperty(ies) and streets, as required by the
.Planning Department to verify that the proposed screening will be
adequate.) The following methods shall be incorporated in the screening:
ZA3433 -3- ZA 91-29
• •
Conditional Use Permit No. 3433
Page 4
a. The submitted plan(s) shall show that the equipment will be screened
by acceptable permanent building materials, the same as, or similar to
those which are used in the construction of the underlying building or
shall be screened from view by acceptable architectural features of
the building itself. Said screening shall not exceed the height limit
as established by Section 18.84.062.031 "Building and Structural
Height Limitations" of the Zoning Code; and
b. In order to minimize the visibility of screening methods and/or
materials, all equipment shall be painted to match the roof on which
it is located, as well as painted to match any materials used for
equipment screening; and
c. The .method and/or screening material which is used shall not be
readily recognizable as a screening device, but .shall be designed as
an integral design component of the building design.
The approved equipment screening shall be installed and shall be retained
and maintained in good condition.
5. 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, including the equipment screening specified in
Condition No. 4, above.
6. That 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. 2, 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.
7. * That prior to final building and zoning inspections, Condition Nos. 1, 4
and 5, above-mentioned, shall be complied with.
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 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 eighteenth day of
July, 1991.
Annika M. Santalahti
Zoning Administrator
ZA3433 -4- ZA 91-29
• •
Conditional Use Permit No. 3433
Page 5
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 18, 1991 ~~~~~ ~,~ ~~~
Pamela H. Starnes
Administrative Assistant
ZA3433 -5- ZA 91-29