Resolution-ZA 1992-19w
OWNER:
AGENT:
LOCATION:
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DECISION NO. ZA 92-19
OF THE ZONING ADMINISTRATOR
APPROVING CONDTITONAL USE PERMIT NO. 3513
JOHN KOCYLA, P,O. BOX 9832, Anaheim, CA 92812
JIMMY TONG NGUYEN, P.O. BOX 15751, Newport Beach, CA 92659
511 South Brookhurst Street
HEARING DATE: April 16, 1992
CEQA STATUS: Negative Declaration
OPPOSITION: No one indicated their presence in opposition at the public hearing
and no correspondence was received.
REQUEST: Petitioner requests approval of a conditional use permit under authority of
.Code Section 18.44.050.010 to permit on-premise sale and consumption of
alcoholic beverages in conjunction with afull-service restaurant.
Having 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 is properly one for. which a conditional use permit is
authorized by the Zoning Code;
2. That the proposed use 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 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 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
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Conditional Use Permit No. 3513
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5. That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the peach, health, safety and general welfare of the citizens
of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning
Administrator has reviewed the proposal to permit on-premise sale and consumption of
alcoholic beverages in conjunction with afull-service restaurant is arectangularly-shaped
parcel of land consisting of approximately 1 acre, having an approximate frontage of 135 feet
on the west side of Brookhurst Street, having a maximum depth of approximately 330 feet
and being located approximately 265 feet north of the centerline of Orange Avenue, and
further described as 511 South Brookhurst Street; 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
Conditional Use. Permit No, 3513, subject to the following conditions:
1.* That plans shall be submitted to the City Traffic and Transportation Manager for his
review and approval showing: conformance with the latest revision. of Engineering
Standard Plan Nos. 436 .and 602 pertaining to parking standards and driveway
locations, including that any end parking stalls shall be a minimum of twelve (12)
feet wide. Subject property shall thereupon be developed and maintained in
conformance with said plans. The submitted plan shall be modified to show that the
employee parking conforms to the parking standards.
2. That the sidewalks along Brookhurst Street shall be reconstructed in accordance with
Standard Detail No. 110, as required by the Engineering Division.
3. That a reciprocal access agreement with the legal owner of the property to the north,
including provisions for circulation of trash trucks from one parcel to the other, shall
be submitted to the Zoning Division for review and approval by the City Attorney's
Office. The approved agreement shall then be recorded in the Office of the Orange
County Recorder. Proof of recordation shall be submitted to the zoning Division
prior to commencement of activity.
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Conditional Use Permit No. 3513
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4.* That fire sprinklers shall be installed as required by the City Fire Department.
5. That trash storage area shall be refurbished to comply with approved plans on file
with the Department of Maintenance.
6. A Plan Sheet for solid waste storage, collection and a plan for recycling shall be
submitted to the Department of Maintenance for review and approval.
7. That an on-site trash truck turn around area be provided in accordance with
Engineering Standard Detail No. 610, as required by the Department of
Maintenance.
8. That the proposed restaurant shall have its own double trash enclosure.
9. That the alcohol sales authorized by this resolution shall occur only in conjunction
with the sale, serving and consumption of prepared food items at a full service
restaurant.
10. 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; provided,
however, that the existing landscaping (live bushes with artificial turf) along the one
hundred thirty five (135) feet of Brookhurst Street frontage shall be increased to
include additional live bushes planted no more than .five (5) feet apart (center-to-
center); and that a landscaping plan shall be submitted to the Zoning Division prior
to planting said additional bushes showing the species, size and location of all the
bushes. The proposed landscaping, as approved by the Planning Department, shall
provide effective ground coverage.
11. 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, 5, 6, 7, 8 and 10, 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.
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
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Conditional Use Permit No. 3513
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applicable ordinance, regulation or requirement. Conditions marked with an asterisk
*) are required by established laws, codes, regulations and agreements and are,
therefore, not subject to negotiation.
This decision is made, signed, and entered into the file this twenty-third day of April , 1992.
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 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.
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: Apri123, 1992
Pamela H. Starnes
Administrative Assistant
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