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Resolution-ZA 1994-13. DECISION N0. ZA 94-13 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE N0. 4252 OWNER: Santa Ana Canyon Associates 1300 Quail Street #106 Newport Beach, CA 92660 AGENT: Fredrick J. Kim 7400 Kensington Drive Buena Park, CA 90621 LOCATION: 5642 East La Palma Avenue CEQA STATUS: Negative Declaration HEARING DATE: June 9, 1994 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 to establish a tutoring center under authority of Code Section 18.12.060.110 and 18.06.080: CODE SECTIONS 18.06.050.0212 Minimum number of parking spaces. 18.06.050.022 392 required; 18.06.050.231 374 proposed and concurred with by the 18.06.050.0261 City Traffic and Transportation Manager) 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 the request is minimal, amounting to a deviation of less than 5°l° from the Code requirement; 2. That the applicant estimated at the public hearing that a maximum of 3 staff and 20 students would be on the premises at any given time but that he did not expect that everyone would drive in their own car because they would be high school aged students; and that he has had previous experience with the same use and found that 10 parking spaces .were adequate for about 100 students; 3. That the granting of the parking waiver for this specific use will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; and 4. That the granting of the 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. za-V4252.wp - 1 of 2 - ZA 94-13 • CALIFORNIA ENVIRONMENTAL DUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for a parking waiver on an irregularly-shaped parcel consisting of approximately 3.9 acres located southwest of the southwest corner of La Palma Avenue and Imperial Highway, having frontages of approximately 208 feet on the south side of La Palma Avenue and 390 feet on the west side of Imperial Highway; 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. 4252, subject to the following conditions: 1. That a total of three hundred seventy four (374) parking spaces shall be provided for the shopping center at all times. 2. 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. 3. 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 16th day of June 1994. V~ . nika M. antalahti 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,l did deposit, in the United States Mail, a copy of the decision to the applicant and did forward a copy to the City Clerk. DATE: June 16, 1994 ~~~~~' Betty Preston Sr. Office Specialist za-V4252.wp - 2 of 2 - ZA 94-13