Minutes-ZA 2003/01/09• •
ACTION AGENDA
REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR
THURSDAY, JANUARY 9, 2003 9:30 A.M.
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
ZA010903.DOC
Present:
Annika Santalahti, Zoning Administrator
Mark Facer, Deputy City Attorney
Melanie Adams, Associate Engineer
REPORTS AND RECOMMENDATION:
David See, Senior Planner
Patricia Koral, Senior Word Processor
John Ramirez, Assistant Planner
1a.
OWNER: Angelica Mejia
1744 West Catherine Drive
Anaheim, CA 92801
Approved Inpart
LOCATION: 1740-1744 West Catherine Drive. Property is 0.21-acre
having a frontage of 60 feet on the south side of Catherine Drive and is 15 day appeal
located 98 feet east of the centerline of Mohican Avenue.
Waiver of maximum fence height (6-feet high permitted; 7.5-feet high sr8498(2)jr.doc
proposed) to construct a 7.5-foot high perimeter block wall along the interior
property line of an existing multiple family development in the RM-1200 Project Planner:
(Residential, Multiple Family) Zone. (iramirezla~anaheim.net)
ZONING ADMINISTRATOR DECISION NO. ZA2003-01 QS. 45
Continued from December 12, 2002 Zoning Administrator meeting.
NO ONE PRESENT IN OPPOSITION AND NO CORRESPONDENCE RECEIVED.
The Zoning Administrator hereby finds the following findings:
1. That the proposal, as originally submitted, was for a new 6 to 7'/Z-foot high
perimeter block wall along the southerly 108 feet of the east property line and the entire south
property line of subject property (which is developed with a 3-unit residential complex); and that
1 /9/03
PAGE 1
•
the wall is proposed to vary in height because of varying grade elevations between subject
property and the three adjacent lots to the east and south (which are also developed with
apartments zoned RM-1200).
2. That this item was continued from the December 12, 2002 meeting because the
owner of the three neighboring apartment units to the southwest (addressed at 1735 and 1737 W.
Catalpa Avenue and 906 N. Mohican Avenue) had concerns regarding the proposal; that the
additional time would give him an opportunity to review the proposed site plan, to be present at
the meeting and/or to indicate what he would like; and that subsequently the applicant and
Planning staff met with said property owner who indicated a maximum 6'4" high block wall along
his property line would be acceptable.
3. That the request is hereby granted, in part, in accordance with Subsection
18.04.043.102(a) of the Anaheim Municipal Code which permits waiver of maximum fence heights in
connection with administrative adjustments; that no opposition was received during the 10-day
notification period and that the concerns of the neighboring property owner have been addressed; that
along the westerly 30 feet of the south property line (adjacent to the parcel addressed at 1735 and 1737
W. Catalpa Avenue and 906 N. Mohican Avenue), the maximum block wall height may vary from 6 feet to
6'-4"; and that along the east property line and the easterly 30 feet of the south property line (adjacent to
the parcel addressed at 1727-31 W. Catalpa Avenue), the maximum block wall height may vary from 6 to
7%z feet.
Based on the evidence presented the Zoning Administrator hereby approves Administrative Adjustment
No. 2002-00231, in part, subject to the following conditions:
1. 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 No. 1; provided, however, that:
(a) Along the westerly approximately thirty (30) feet of the south property line (adjacent to the parcel
addressed at 1735 and 1737 W. Catalpa Avenue and 906 N. Mohican Avenue), the maximum
block wall height may vary from six (6) feet to six feet, four inches (6'-4"); and
(b) Along the east property line and the easterly approximately thirty (30) feet of the south property
line (adjacent to the parcel addressed at 1727-31 W. Catalpa Avenue), the maximum block wail
height may vary from six (6) to seven and one-half feet (7%i'); and
(c) The maximum height of the block wall shall be measured from the highest finished adjacent
grade at the base of the block wall.
2. That prior to obtaining a building permit for the block wall, a site plan clearly showing the
proposed block wall and its varying heights along the adjacent parcels shall be submitted to
and approved by the Zoning Division. Wherever the wall height exceeds six (6) feet, sections
shall be provided to illustrate the adjacent grade levels on each side of the wall.
3. That within a period of two (2) years from the date of this decision, Condition Nos. 1 and 2,
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.
4. 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.
1 /9/03
PAGE 2
• •
PUBLIC HEARING ITEMS:
2a. CEQA CATEGORICAL EXEMPTION-CLASS 1
2b. CONDITIONAL USE PERMIT N0.2002-04644
OWNER: Amapa Corporation
Jack Nussry
8383 Wilshire Boulevard, Ste. 532
Beverly Hills, CA 90211
AGENT: Steven Le
5636 East La Palma Avenue, Ste. E & G
Anaheim, CA 92807
LOCATION: 5636 East La Palma Avenue Unit-G. Property is 3.2-acre
located south and west of the southwest corner of La Palma Avenue and
Imperial Highway.
To establish on premise sales and consumption of beer and wine in
conjunction with an existing full-service restaurant within an existing
commercial retail center in the SP94-1, D.A.-5 (SC) (Northeast Area Specific
Plan, Commercial Area; Scenic Corridor Overlay) Zone.
ZONING ADMINISTRATOR DECISION NO. ZA2003-02
Concur with Staff.
Approved.
15-day appeal
Sr8495ey .doc
Project Planner:
(evambaoC~anaheim.net)
as. ~ s4
NO ONE PRESENT IN OPPOSITION AND NO CORRESPONDENCE RECEIVED.
The Zoning Administrator hereby finds the following:
1. That the existing restaurant (Bo Vang Bistro) is located in a commercial retail center; that no
expansion to the existing full-service restaurant is proposed; that the property is located in the Alpha
Northeast Redevelopment Project Area; and that the Land Use Element of the Anaheim General Plan
designates the property for General Commercial land uses.
2. The Anaheim Police Department has submitted a letter, dated December 6, 2002 indicating
that the restaurant is located within Reporting District 1239, which has a crime rate of 22% above the City
average, however, the districts surrounding Reporting District 1239 have crime rates ranging from 55% to
87% below average; that from December 2001 through December 2002 there were no calls for service to
Suites E through G in this commercial retail center; but due to the high crime rate in the underlying
Reporting District, the applicant will be required to apply for a Public Convenience or Necessity permit
through the State Department of Alcoholic Beverage Control ("ABC").
3. That the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code.
4. That the proposed use will not adversely affect the adjoining and nearby commercial and
industrial land uses or the growth and development of the area in which it is proposed to be located.
1 /9/03
PAGE 3
• ~
5. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
6. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
7. That granting this Conditional Use Permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
Based on the evidence and testimony presented the Zoning Administrator hereby approves Conditional
Use Permit No.2002-04644, subject to the following conditions:
1. That the establishment shall be operated as a "bona fide public eating place" as defined by Section
23038 of the California Business and Professions Code.
2. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control ("ABC") and approved by the City of Anaheim.
3. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closing time, whichever occurs first, on each day of operation.
4. That there shall be no pool tables maintained upon the premises at any time.
5. That subject alcoholic beverage license shall not be exchanged fora `public premises' (bar) type
license nor shall the establishment be operated as a `public premises' as defined in Section 23039 of
the California Business and Professions Code.
6. That the sale of alcoholic beverages shall not exceed forty percent (40%) of the gross sales of all
retail sales during any three (3) month period. The applicant shall maintain records on a quarterly
basis indicating the separate amounts of sales of alcoholic beverages and other items. These
records shall be made available, subject to audit and, when requested, for inspection by any City of
Anaheim official during reasonable business hours.
7. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without issuance of proper permits as required by the Anaheim Municipal Code.
8. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
9. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcohol beverages.
10. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
11. That sales, service and consumption of alcoholic beverages shall be permitted only between the
hours of 10:00 a.m. to 9:00 p.m.
12. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby businesses.
13. That the business operator shall comply with Section 24200.5 of the Business and Professions Code
so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy
1 /9/03
PAGE 4
• •
them drinks in the licensed premises under any commission, percentage, salary, or other profit-
sharing plan, scheme or conspiracy.
14. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code
and shall be kept closed and unlocked at all times during hours of operation except for ingress and
egress, to permit deliveries, and in cases of emergency.
15. That there shall be no public telephones on the premises which are located outside the building.
16. That the owner of subject property shall be responsible for the removal of any on-site graffiti within
twenty four (24) hours of its application.
17. That the proposal shall comply with all signing requirements of Development Area 5 (Commercial
Area) of the Northeast Area Specific Plan (SP 94-1) and the Scenic Corridor (SC) Zone Overlay
unless a variance allowing such waivers is approved by the Planning Commission or City Council.
18. 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.
19. That the applicant shall apply for and obtain approval of a Public Convenience or Necessity permit
through the State Department of Alcoholic Beverage Control ("ABC").
20. That prior to commencement of the activity herein approved or within a period of one (1) year from
the date of this decision, whichever occurs first, Condition No. 19, 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. Further, if an extension of time
is requested for the alcohol sales portion of this request, it shall be considered at a noticed public
hearing.
21. 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.
3. ITEMS OF PUBLIC INTEREST: NONE
1 /9/03
PAGE 5