Resolution-ZA 2009-4RESOLUTION NO. ZA2009-4
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
APPROVING A CEQA CATEGORICAL BXEMPTION AND
ADMINISTRATNE ADNSTMENT NO. 2008-00316
(1215 SOUTH BEACH BLVD.)
WHEREAS, the Anaheim Zozung Administrator did receive a verified Petition for
Administrative Adjustment for certain real property situated in the City of Anaheim, County of
Orange, State of Califomia shown on Exhibit A, attached hereto and incorporated herein by this
reference; and
WHEREAS, the petitioner requests a variance to permit a smoking lounge closer to a
residential property than permitted by code and with fewer pazking spaces than required by code;
and
WHEREAS, the Anaheim Zoning Administrator did hold a public heazing at the
Civic Center in the CiTy of Anaheim on June 25, 2009 at 930 a.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60 "Procedures", to heaz and consider evidence for and against said
proposed vaziance and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Zoning Administrator, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said heazing, does find and determine the following facts:
That the applicant requests a vaziance from the following to establish a smoking
lounge:
(a) SECTION NO. 1838.260.0102
Minimum distance from a residential
propertv boundarv
(200 feet required; 180-feet proposed)
(b) SECTION NO. 18.42.040.010
Minimum number of pazkin~ spaces
(61 spaces required; 56-spaces provided)
That the above-referenced administrative adjustment has been duly noticed.
3. That I do hereby find, pursuant to Section 18.62.040.060 (Findings) of the Anaheim
Municipal Code, that the request is hereby granted in accordance with Subsection
18.62.040.020.0203 of the Anaheim Municipal Code which allows a vaziance from Code
requirements for the minimum distance of a smoking lounge to a residential property and the
minimum number of required parking spaces to be considered by an Administrative Adjustment.
4. That no written opposition was received during the required 10-day notification
period which ended on June 22, 2009.
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WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines
and is, therefore, exempt from the requirement to prepare additional environmental documentatian.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator
does hereby grant subject petition for Administrative Adjustment.
BE IT FURTHER RESOLVED that the 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 regazding any other
applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or
the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Anaheim Zoning
Administrator meeting of June 25, 2009. Said resolution is subject to the appeal provisions set forth
in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
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AI-IEIM ZONING ADMINISTRATOR
ATTEST:
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SECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COLINTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretazy of the Anaheim Zoning Administrator, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the City of Anaheim Zoning
Administrator held on June 25, 2009.
IN WI1'NESS WHEREOF, I have hereunto set my hand this 25T~ay of June, 2009.
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SECRETARY, ANAHEIM ZONING ADMINISTRATOR
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EXHIBIT "A"
ADNIINISTRATIVE ADJUSTMENT NO. 2009-00316
BALL RD
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ree~ °L, Please note lhe accuracy is +/- Iwo to ive feet.
10768
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EXHIBIT `°B"
RECOMMENDED CONDITIONS OF APPROVAL
ADMIIVISTRATIVE ADNSTMENT NO. 2008-00316
No. Conditions of Approval Responsible for '
Monitorin
GENERAL
1 The subject properry shall be developed substantially in Planning
accordance with plans submitted to the City of Anaheim by
the applicant and which plans are on file with the Planning
Department mazked Exhibit Nos. 1 and 2(Site Plan and
Floor Plan), and as condirioned herein.
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