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Resolution-ZA 1994-32~, DECISION NO. ZA 94-32 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 4268 OWNER: Euclid Shopping Center 2293 West Bail Road Anaheim, CA 92804 AGENT: Melvina Li 2923 East 19th Street Signal Hill, CA 90804 LOCATION: 1682 West Katella Avenue (Numero Uno Pizza) CEQA STATUS: Negative Declaration HEARING DATE: November 10, 1994, continued to December 8, 1994 OPPOSITION: That. no one indicated their presence at -the public hearing in opposition, and no correspondence in opposition was received. SUPPORT: That one person appeared at the hearing .and spoke in support of the proposal REQUEST: Petitioner requests waivers of the following to permit a restaurant under authority of Code Section 18.12.060.1:10: Sections 18.06.050.022 - Minimum number of parking spaces. 18.06.050.0221 1 142 required; 1.133 existing) 18.06.050.0224 18.06.050.0231 18.06.050.0233 18.06.050.02555 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 this parking waiver was originally advertised in connection with Conditional Use .Permit No. 3727 (proposing on-premises sale and consumption of beer and wine in conjunction with an existing restaurant with waiverof minimum number of parking spaces); however, during the public hearing it was determined that additional analysis would be needed before the conditional use (on-sale beer and wine) should be acted on butthat the waiver could be decided; and, further, since the parking waiver is not dependent on the proposed on-sale beer and wine, the waiver was assigned to Variance No. 4268; 2. That,granting of the parking waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining .land uses. because. the waiver is minimal and consists of less than a 1 % deviation (9 spaces) from the Code requirement; and 3. That granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or generaF welfare of the citizens of the City of Anaheim. za-V4268.wp - 1 of 3 - ZA 94-32 • CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for a parking waiver on a rectangularly=shaped parcel of land ..consisting of approximately 18.6 acres located at the southeast corner of ICatella Avenue -and Euclid Street, having approximate frontages of 1,350 feet on the south side of Katella Avenue and 600 feet onthe east side of Euclid Street, and further described as 1682. 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. 4268, subject to the following conditions: 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 specffically shown on the plans submitted for. building permits. 2. That a plan sheet for sol'~d waste storage and collection and a plan for recycling shall be submitted to the Department of Maintenance for review and approval. 3. That an on-site trash truck tum-around area shall be provided and maintained to the satisfaction of the Department of Maintenance. Said turn-around area .shall be specffically shown on plans submitted #or building permits. 4. That the appropriate fees due for primary water mains, and fire protection service shall be paid to the Water Engineering Division, in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. 5. That subject property shall be developed substantially in accordance w~h plans and specffications 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. 6. That prior to commencement of the activity authorized by this decision, 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. 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 enteredinto the file this 15th day of December 1994. L~ ` nn~ a ants a t 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 Clerkwithin l5 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. za-V4268.wp - 2 of 3 - ZA 94-32 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. DATE: December 15, 1994 Betty Preston Sr. Office Specialist za-V4268.wp - 3 of 3 - ZA 94-32