Resolution-ZA 1991-57i~
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DECISION NO. ZA91-57
OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0. 4161
OWNERS:. W.W. MORNINGSTAR, ROBERT MORNINGSTAR, MARTHA A. SMITH and
MARGARET PAILLASSON
.920-B 17th Street, Santa Ana, CA 92706
AGENT: .HECTOR M. URBINA
9881 Aldgate Avenue, Garden Grove, CA 92641
LOCATION: 2181 West Katella Avenue. Unit C
DATE OF PUBLIC HEARING: December 12, 1991
CEQA STATUS: Negative Declaration
OPPOSITION: No one indicated their presence at the public hearing in
opposition and no correspondence in opposition was received.
REQUEST:. Petitioner requests waiver of the following under authority of Code
Section 18.12.060.110 to establish a fast food restaurant:
SECTIONS 18.06.050.022 - Minimum number of parking spaces.
18.06.050.0233 (41 spaces required; 31 spaces existing)'
18.06.080
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 City Traffic Engineering staff has approved the parking study prepared
by Traffic Safety Engineers and dated November 11, 1991, for the following
specific combination of land uses on the subject property:
USE FLOOR AREA
(sq.ft.) CODE STANDARD.
(per 1,000 sq.ft.) REQUIRED
SPACES-
Liquor store 2,200 5.5 spaces '12.1
Donut shop 1,232 5.5 spaces 6.7
Proposed
Fast food restaurant, 1,034 16 spaces 16.5
Retail 1,028 5.5 spaces 5.6
TOTAL REQUIRED PARKING 41
ZA-4161
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ZA 91-57
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Variance No. 4161
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 or 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 parking spaces to
establish a•fast food restaurant on an irregularly-shaped parcel of land
consisting of approximately 0.5 acre located at the northeast corner of
Katella Avenue and Brookhurst Street, having approximate frontages of 170 feet
on the north side of Katella Avenue and 210 feet on the east side of
Brookhurst Street, and further described as 2181 West Katella Avenue; 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. 4161, subject to the following conditions:
1. That the applicant shall update or install a meter and backflow device to
meet latest City of Anaheim water engineering standards, as required by
the Water Engineering Division.
2. * That trash storage area(s) shall be provided and maintained in a location
acceptable to the Department of Maintenance and in accordance with
approved plans on file with said Department. Such information shall be
specifically shown on the plans submitted for building permits.
3. * That trash storage areas shall be refurbished to the satisfaction of the
Department of Maintenance to comply with approved plans on file with said
Department.
4. That a Plan Sheet for solid waste storage and collection and a plan for
recycling shall be submitted to the Department of Maintenance for review
and approval.
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, 2 and 3.
ZA-4161
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ZA 91-57
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Variance No. 4161
6. That prior to commencement of the activity herein approved, or prior to
final building and zoning inspections, or within a period of one (1) year
from the date of this decision, whichever occurs first, Condition Nos. 1,
2, 3, 4 and 5, 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 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 thirteenth day of
December, 1991.
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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 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: December 13, 1991 ~~ ~ ACL~~/J
Pamela H. Starnes
Administrative Assistant
ZA-4161 -3- ZA 91-57