Resolution-ZA 1992-50• ~
DECISION NO. ZA 92-50
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3553
OWNER: Raymond Choi
1501 East La Palma Avenue
Anaheim, Ca 92805
AGENT: Jose Solorio
2204 South Garry Avenue
Pomona, CA 91766
LOCATION: 1513 and 1515 East La Palma Avenue
HEARING DATE:
CEQA STATUS:
October 15, 1992
Negative Declazation
OPPOSITION: No one indicated their presence at the public heazing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests approval of a conditional use permit under authority of Code Sections
18.12.050.010 and 18.44.050.010 to permit beer and wine sales in an existing restaurant
and a proposed 750 sq.ft. expansion with waivers of
ions 18.06.020.01
18.06.040.020
18.06.050.0212
18.060.050.0231
18.06.080
,x$.12.060.110
and 18.44.060.055
Minimum number of pazking, s aces.
(g5 spaces required [minimum 8~i~' x 18'
dimensions]; ,$Qspaces proposed [51 spaces at
8' x 16' and 29 spaces at 8' x 19'])
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 heazing 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 City Traffic and Transportation Manager concurs with the. conclusions drawn by the
pazking study, daten August 10, 1992, prepared and submitted by the petitioner substantiating the
proposed parking waiver for the specific proposed use (La Playita Restaurant expansion);
2. That the proposed expansion is within an existing commercial .center building and the pazking
space dimensions were established at the timethe center was constructed and aze, therefore,
legally nonconforming;
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Conditional Use Permit No. 3553
3. That the pazking waiver will not cause an increase in traffic congestion in the immediate vicinity
nor adversely affect any adjoining land uses;
4. That the granting of the parking vaziance under the conditions imposed will not be detrimental to
the peace,. health, safety or general welfare of the citizens of the City of Anaheim.
5. That the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code;
6. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the azea in which is proposed to be located;
7. 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;
8. 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 azea; and
9. That the granting of this conditional use permit under the conditions imposed, if any, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of
Anaheim.
CALIFORNIA ENVIRONMENTAL OUALI:TY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to permit a 750 sq.ft. expansion to an existing restaurant with on premise sale and
consumption of beer and wine and for waiver of the minimum number of parking spaces on a
rectangulazly shaped parcel of land consisting of approximately 1.2 acres located at the northeast corner
of La Palma Avenue and Acacia Street, having approximate frontages of 299. feet on the north side of La
Palma Avenue and 169 feet on the east side of Acacia Street, and further described as 1513 and 1515
East La Palma Avenue; and does hereby approve the Negative Declaration upon fording that she has
considered the Negative Declazation 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. 3553, subject to the following conditions:
1. That trash storage areas shall be provided and maintained in a location acceptable to the
Department of Maintenance and in accordance with approved :plans on file with said Department.
Such information shall be specifically shown on the plans submitted for building permits.
2. That a Plan Sheet for solid waste storage and collection, and a plan for recycling shall be
submitted to the Department of Maintenance for review and approval.
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Conditional Use Permit No. 3553
3. That an on-site trashtruck turn-azound azea shall be provided and maintained to the satisfaction
of the Department of Maintenance. Said turn-azound azea shall be specifically shown on plans
submitted for building permits.
4. ,That the. gates on the premises shall remain open during the regular business hours of operation
to allow access to the pazking spaces at the rear of the commercial .center.
5. That the sales, service and consumption of alcoholic beverages shall be permitted only between
the hours of 9:00 a.m, to 10:00 p.m.
6. There shall be no baz or lounge area upon the licensed premises maintained for the purpose of
sale, service or consumption of alcoholic beverages directly to patrons for consumption.
7. That food service, with available meals, shall be available up until closing time on each day of
operation.
8. That the premises shall bemaintained as a bona fide restaurant and shall provide a menu
containing an .assortment of foods normally.offered in such restaurants.
9. That the subject alcoholic beverage license shall not be exchanged for a public premises type
license nor operated as a public premises.
10. That the sale of beer and/or wine for consumption off the premises is prohibited.
11. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or
other commodities during the same period.
12. That where shall be no live entertainment, amplified music or dancing .permitted on the premises
at any time..
13. That any entertainment provided shall not be audible beyond the area under the control of the
licensee.
14. That the exit door(s) shall be kept closed at all times during the operation of the premises except
in cases of emergency and for deliveries.
15. 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 alcoholic beverages.
16. That no alcoholic beverages shall be consumed on any.. property adjacent to the licensed premises
under the control of the licensee.
17. That the parking lot of the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appeazance and wnduct of all persons on or about the
pazking lot.
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Conditional Use Permit No. 3553
18. That the lighting in the pazking azea of the premises shall be directed, positioned and shielded in
such a manner so as not to unreasonably illuminate the window. areas of nearby residences.
19. That the petitioner shall be responsible for maintaining a litter free area adjacent to the premises
over which he has control.
20. That there shall be no pool tables or coin-operated games maintained upon the premises at any
time.
21. 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.
22. That prior to the 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. 1, 2 and 3, 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.
23. That prior to the commencement of the activity authorized by this decision or prior to final
building and zoning inspections, whichever occurs first, Condition-Nos. 17, 18 and 21,
above-mentionefl, shall be complied with.
24. .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 Ciry, 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.
This decision is made, signed, and entered into the file this twenty-second day of October 1992.
G~~ -
an ti
Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City Council, in writing and
accompanied by an appeal fee, is filed with the Ciry Clerk within davs of the :date of the signing of
this decision or unless members of the City Council request review of this decision within said 15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declaze 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 forwazd a copy to the City Clerk. /~I~--
DATED: October 22, 1992 ~~ -~/~~~ x~G~~~Jr./~G-~
Pamela H. Starnes
Administrative Assistant
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