Resolution-ZA 1990-114~~,.i
PETITION: CONDITIONAL USE PERMIT NO. 3366
CEQA STATUS: Negative Declaration
HEARING DATE: November 29, 1990
OPPOSITION: Three people spoke in opposition to the proposal at .the public
hearing and no correspondence in opposition was received.
OWNER: TONG SOON PARK, 1712 Wyckersham, Fullerton, CA 92633
AGENT: MING LAI, 511 West Glenoaks ,1E334, Glendale, CA 91202
Attention: Alan
LOCATION: 1523 West Katella Avenue
REQUEST: Petitioner requests approval of a conditional use permit under
authority of Sections 18.12.050.010 and 18.44.050.010 to permit
on-sale beer and wine in a restaurant with waiver of:
SECTIONS 18.06.050.022 - Minimum number of-varkina spaces.
18.06.050.0231 (49 required; 34 proposed)
18.06.080
18.12.060.110
and 18.44.066.050
Saving been appointed Zoning Administrator by the Planning Director to decide
the above-referenced petition, pursuant to Anaheim Municipal Code Section
18.12.020, and a public hearing. having been duly noticed for and held on the
date set forth above, I do hereby find, pursuant to the Sections 18.02.030.030
through 18.02.030.035 of the Anaheim Municipal Code:
1. That the .proposed use, consisting of on-sale beer and wine at a sit-down
restaurant, is properly one for which a conditional use permit is
authorized by the Zoning Code;
2. That the proposed use, as granted,. will not adversely affect the adjoining
land uses and the growth and development of the area.>in which is proposed
to be located;
3. That. the size and shape of the site for the proposed use, as granted, is
adequate to allow the full development of the proposed use in a manner not
detrimental -to the particular area .nor to the peace, health, safety and
general welfare;
4. That the parking analysis prepared by Traffic Safety Engineers and
contained in a letter dated October 23, 1990, was approved by the City
Traffic Engineer for the following specific combination of uses:
Sit-down restaurant - 5,184 sq.ft.
Retail - 1,296 sq.ft.
Total - .6,480 sq.ft. u
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'~ Conditional Use Permit 1~ 3366 •
Page.2
5. That `an additional 6 parking spaces will be provided on-site by the
developer by re-striping the existing "compact" car spaces for "standard"
sized cars,-for a total of at least 34 (instead of 28) parking spaces.
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; and
7. That the granting of 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator
has reviewed the proposal to permit on-sale beer and wine in a restaurant with
waiver of minimum .number of parking spaces on a rectangularly-shaped parcel of
land consisting of approximately 0.5? acre located at the northeast corner of
Katella Avenue and Bayless street, having approximate frontages of 190 feet on
the north side of Katella Avenue and 139 feet on the east side of Bayless
Street, and further described as 1523 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
approved Conditional Use Permit No. 3366, subject to the following conditions:
1. That prior to commencement of the `activity authorized. by this decision, a
Lot Line Adjustment Plat to combine the existing lots such that any new
building lies completely..within one (1) parcel shall be submitted to the
Subdivision Section and approved by the City Engineer and then recorded in
the Office of he Orange. County Recorder..
2.' That the trash storage enclosure shall not be located adjacent to the
.north property line but,-instead, shall be maintained in the revised
location shown. on Exhibit No. l (south of the driveway on Bayless Street),
and that any other trash storage areas shall be provided and maintained in
locations acceptable to the Street Maintenance and Sanitation Division and
in accordance with approved. plans on file with said division.
3. That the hours of operation shall be limited to 9:00 a.m. to 7:.00 p.m.
seven days a week (in accordance with Resolution No. PC88-303, adopted by
'the Planning Commission in connection with Conditional Use Permit No.
3081) unless amended by the Planning Commission. If the Planning
Commi§sion amends Resolution No. PC88-303. to permit extended hours of
operation, the on-premises sale of beer and wine (as permitted by this
.Conditional Use Permit) shall be limited to the hours of 9:00 a.m. to 9:00
p.m. with restaurant employees being on the premises no later than
.10:00 p.m.
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.w, Conditional Use Permit ~ 3366
Page 3
4. That the block wall along the north property line (separating subject
property from adjacent RS-7200 zoned dwellings) shall be increased to six
(6) feet in height as-measured from the highest adjacent grade level.
Said block wall shall then be maintained at that six (6) foot height.
5. That, as shown on Exhibit No. '1 approved by the Planning Commission in
connection Conditional Use Permit No. 3081, a block wall shall be
constructed along the east property line (separating subject property from
the adjacent church use) and shall vary in height from:
(a) Thirty (30) inches high for the first forty (40) feet measured back
from=the street,
(b) Six (6) feet high for the next twenty five and one-half (25.5) feet
to the front of subject commercial building, and
(c) Six (6) feet high for the rear .twelve (12) feet from the back of
subject commercial building to the north (rear), property line.
Said block wall shall then be so-maintained.
6. That. this. Conditional Use Permit is approved specifically for the
on-premises sale and consumption of beer and wine in connection with a
sit-down. restaurant. Further, the .:petitioner shall obtain approval of the
appropriate A.B.C. license.
7. That existing "compact" parking stalls (twelve (12] are shown on Exhibit
No. l) shall be re-striped so that at least six (6) additional "standard"
sized spaces are provided for a total of at least thirty four (34)
"standard" sized-parking spaces.
8. 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.. l and 2, except as otherwise specified in Condition Nos. 2,
4, 5 and 7, above-mentioned.
9. 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. 1, 4,: 5, 6 and 7, 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:
10. That prior to .commencement of the activity herein approved or prior to
final building and zoning inspections, whichever occurs first, Condition
No. 8, above-mentioned, shall be complied with.
11. 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.
ZA-3366 -3- ZA90-114
I `~ "'.
Conditional Use .Permit-:~ 3366
Page 4
This decision is made, signed, and entered into the file this sixth day of
December 1990.
` li`- -
Annika M. Santalahti
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
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.
DATED: December 6, .1990. ~`__ G~/~' ,e
Pamela. H._Starnes
Administrative Assistant
ZA-3366 -4-
ZA90-114