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Resolution-ZA 2000-41• • DECISION NO. ZA 2000-41 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO.2000-04412 OWNER: GELB Enterprises P.O. Box 8370 Van Nuys, CA 91409 AGENT: Mohamed Elshami 11495 Riverside Drive #301, Studio City, CA 91602 LOCATION: 2424 West Ball Road. Units G and H HEARING DATE: November 2, 2000, continued from the October 19, 2000 meeting. OPPOSITION: One person spoke in opposition to the proposal and three people indicated their presence in opposition at the October 19, 2000 meeting. REQUEST: Petitioner requests waiver of the following to establish a seafood delicatessen and restaurant in a commercial retail center in the CL (Commercial, Limited) zone: Sections 18.06.050.020.021.0211 18.06.050.020.022 18.06.050.020.022.0222 18.06.050.020.022.0225 18.06.050.020.023.0231 18.06.050.020.023.0233 18.06.080 18.12.060.110 and 18.44.066.050 Minimum number of parkins soaces. (220 required; 182 proposed and concurred with by the City Traffic and Transportation Manager) 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, { do hereby find: 1. That this parking waiver, as discussed in the Staff Report to the Zoning Administrator and under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the use that the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. 2. That this waiver, under the conditions imposed, will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses. 3. That this waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. 4. That this waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of this Code). V2000-04412.doc - 1 of 4 - ZA 2000-41 • • 5. That this waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. 6. That this waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 7. That this waiver, 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 ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for waiver of minimum number of parking spaces to establish a seafood delicatessen and restaurant in a commercial retail center in the CL (Commercial, Limited) Zone on an irregularly-shaped 3.1-acre property located at the southwest comer of Ball Road and Gilbert Street, with frontages of 620 feet on the south side of Ball Road and 130 feet on the west side of Gilbert Street, and further described as 2424 West Ball Road, Units G and H; and that the Planning Director or his authorized representative has determined that the proposed project is Categorically Exempt, Class 1, under Section 15061(b)(3) of the State of California Environmental Quality Act Guidelines. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2000-04412, subject to the following conditions: 1. That the combined square footage of all food-related uses (restaurants and retail food products) in this commercial retail center shall not exceed fifty percent (50%) of the total square footage of the entire center. 2. That there shall be no commercial truck deliveries after 10:00 a.m. or before 9:00 p.m., seven days a week; and that commercial trucks shall not be parked or stored on subject property except for loading and unloading purposes. 3. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 4. That the property owner shall submit a Letter to the Zoning Division requesting termination of Conditional Use Permit No. 2332 (to permit on-sale alcoholic beverages in a proposed restaurant, Units K and L), Conditional Use Permit No. 2283 (to permit on-premises sale and consumption of alcoholic beverages in conjunction with meals only in a restaurant, Unit L), and Conditional Use Permit No. 2266 (to permit on-premises sale and consumption of beer and wine in an existing restaurant, Unit Z). 5. That no "compact" or "small car" parking spaces shall be permitted. 6. That granting of this parking waiver is contingent upon operation of the uses in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approva{ of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this variance to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. V2000-04412.doc - 2 of 4 - ZA 2000-41 • i 7. That the following landscaping improvements shall be made: (a) That a landscaping plan shall be submitted to the Zoning Division for review and approval showing a minimum of two (2) additional trees in the planter along Ball Road; that the species, size and location of each tree shall be shown on the plan; and that the plan shall also show the ten (10) existing trees on the property (species, size and location) and any existing and/or proposed irrigation facilities. The Zoning Division will confer with knowledgeable city staff and/or 'Tree Power* to determine the most suitable trees for this property and (b) That the petitioner and the owner of this commercial property shall confer and work with Planning Department staff (Code Enforcement Division and Zoning Division) and 'Tree Power" to determine whether additional trees can be obtained and planted at this property. 8. (a) That commercial truck loading and unloading areas (for up to three (3) trucks) shall be specifically designated on this commercial property; and that such information, including the location and dimensions of each area, shall be submitted to the City Traffic and Transportation Manager for review and approval prior to issuance of a building permit, and shall then be shown on the plans submitted for building permits; and (b) That, as required by the City Traffic and Transportation Manager, the above-described truck loading and unloading areas shall be clearly designated (striped); and (c) That the truck loading and unloading areas shall not be permitted within sixty five (65) feet of Ball Road (that is, such truck areas shalt not be permitted in the two rows of parking spaces closest to Ball Road); and (d) That no trucks shall be parked or stored within sixty five (65) of Ball Road; and that no trucks shall be parked or stored anywhere on subject property for the purpose of advertising this commercial retail center or any of the tenant businesses. 9. 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, and as conditioned herein, including the planting of at least two (2) new trees in accordance with Condition No. 7 herein. 10. That prior to commencement of the activity authorized by this decision, 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. 4, 7 and 8(a), 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. 11. That prior to commencement of the activity authorized by this decision, Condition Nos. 8(b) and 9, above-mentioned, shall be complied with. 12. 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 8th day of November, 2000. .~ Annika M. Santalahti, Zoning Administrator V2000-04412.doc - 3 of 4 - ZA 2000-41 ~ ~ 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. DATE: November 8, 2000 Patricia Kora , Sr. ord Pro sing Operator V2000-04412.doc - 4 of 4 - ZA 2000-41