Resolution-ZA 1994-04• •
DECISION NO. ZA 94-04
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4237
OWNERS: Jerry and Rosalie Wong
1146 North East Street
Anaheim, CA 92805
AGENT: Alex Burrola
346 Pamela Kay Lane
La Puente, CA 91746
LOCATION: 1150 North East Street
CEQA STATUS: Negative Declaration
HEARING DATE: March 3, 1994 (continued from the October 28 and December 9, 1993 meetings, and the
January 6 and February 3, 1994 meetings)
OPPOSITION: 14 concerned people were present in opposition at the March 3, 1994 meeting with 5
people speaking; 3 people spoke in opposition at the January 6, 1994 meeting; 7 people
spoke in opposition at the December 9, 1993 meeting; 2 people spoke in opposition at
the October 28, 1993 meeting; 3 letters in opposition were.. received; a petition with 33
signatures in opposition was received; and photographs showing existing adverse
conditions along Briarwood Street were received from neighborhood residents.
REQUEST: Petitioner requests waiver of the following to permit the expansion of an existing deli to
provide a seating area under authority of Code Section 18.12.060.110:
Sections 18.06.050.022 - Minimum number of parkins spaces.
18.06.050.0231 116 spaces required by Code;
18.06.080 107 spaces required by Parking Study;
and 18.44.066.050 87 spaces existing .and 109 spaces
proposed by restriping)
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 he{d on the date set forth above, I do hereby find:
1. That during the public hearing, area residents testified about the adverse conditions which exist to
the rear of subject commercial property facing the residential neighborhood across Briarwood Street
to the east. The testimony addressed the following:
• Overflowing garbage cans;
• Trash (such as cardboard boxes) and other litter left on the sidewalk along Briarwood;
• Food drippings, etc. on the sidewalk;
• Empty shopping carts Left in the residential neighborhood;
• Vehicular access to subject commercial property from Briarwood causing unsafe
conditions for the residential neighborhood;
• Customers parking their cars along Briarwood instead of in the parking lot; and
• Loitering in the parking lot.
The residents submitted photographs documenting said conditions. The residents generally
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concurred that eliminating customer vehicular and pedestrian access between Briarwood and
subject property would improve existing adverse conditions which might otherwise be worsened by
approval of this proposal.
2. That possible solutions to the complaints and concerns were discussed during the public meetings,
and the petitioner's agent met with staff and prepared site plan revisions to address some of those
concerns. Possible solutions included the following:
• Constructing a block wall across the driveway to Briarwood to eliminate access by
customers on foot or by vehicle;
• Installing additional trash enclosures and bins;
• Installing security lighting utilizing the City Dusk to Dawn Security Lighting Program; and
• Improving management practices to include graffiti removal and monitoring the tenants
regarding trash accumulation.
3. That the granting of the parking waiver under the conditions imposed will not cause an increase in
traffic congestion in the immediate vicinity nor adversely affect any adjoining sand uses due to the
proposed restaurant-type use; and
4. 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.
CALIFORNIA ENV{RONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal for waiver of the minimum number of parking spaces to expand an existing deli to provide a
seating area on an irregularly-shaped parcel of land consisting of approximately 1.7 acres located between
East Street and Briarwood Street, having approximate frontages of 310 feet on the east side of East Street
and 270 feet on the west side of Briarwood Street, having a maximum depth of approximately 237 feet, and
further described as 1150 North East Street; 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, as approved, 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.
4237, subject to the following conditions
1. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement
forty five (45) feet in width from the centerline of the street along East Street for street widening
purposes.
2. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway location. Subject property shall thereupon
be developed and maintained in conformance with said plans.
That trash storage areas 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.
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 an on-site trash truck turn-around area shall be provided and maintained to the satisfaction of
the Department of Maintenance. Said turn-around area shall be specifically shown on plans
submitted for building permits.
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•
6. That food waste products (i.e., meat and vegetables) from all tenants on subject property shall be
pre-bagged before placing in the trash bins.
7. That no on- or off- premises sale or consumption of alcoholic beverage shall be permitted in subject
deli.
8. That the interior of any units in the building shall not be "hosed down" to the exterior of the building.
All drainage resulting from hosing down the interiors shall be via an interior floor drain.
9. That a sbc (6) foot high block wall, with a minimum three (3) foot wide landscape planter on the east
side of said wall to prevent graffiti, shall be constructed along the east property line connecting the
commercial building and the block wall to the north. Plans showing the wall design and proposed
landscaping (plant species, number and size of plants, and spacing of plants) shall be submitted
to the Zoning Division for review and .approval prior to construction of said .wall. The color of the
new block wall shall match either the commercial building on subject property or the existing block
wall to the north.
10. That the driveway along Briarwood Street shall be Dosed and replaced with curb, gutter and
sidewalk, and the parking lot shall be restriped to the satisfaction of the City Traffic and
Transportation Manager. Plans showing said improvements shall be submitted to the City Engineer
for review and approval
11. .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 Revision No. 3 of Exhibit No. 1 and Exhibft No. 2.
12. That security lighting shall be installed on subject property. Such lighting may be installed under
the City Dusk to Dawn Security Lighting Program.
13. That ..prior to commencement of the activity herein approved, 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. 1, 2, 3, 4, 5, 9 and 10, 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.
14. That prior to commencement of the activity herein approved or prior to final building and zoning
inspections, whichever occurs first, Condition Nos. 9, i0, 11 and 12, above mentioned, shall be
complied with.
15. 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.
This decision is made, signed, and entered into the file this 10th day of March 1994.
nika M. antalahti
Zoning Administrator
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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~decision to the applicant and did forward
a copy to the City Clerk. ,I/n I /`~
DATE: March 10, 1994
Betty Preston
Sr. Office Specialist
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