Resolution-ZA 1993-25.~ •
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DECISION NO. ZA 93 - 25
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3618
OWNER: LINDA M. KENSKI
3001 Redhill Avenue, Bldg. #5
Costa Mesa, CA 92626
AGENTS: JINTANA HOJNACKI and PRADIT RUGTHRAKULL
2415 West Lincoln Avenue
Unit H, Anaheim, CA 92801
LOCATION: 2415 West Lincoln Avenue. Unit H
HEARING DATE:
CEQA STATUS:
April 1, 1993
Negative Declaration
OPPOSITION: No one indicated their presence at the,public hearing in opposition, and one letter of
concern was received.
REQUEST: Petitioner requests approval of a conditional use permit under authority of Code Sections
18.12.050.010 and 18.44A50.010 to permit on-premises sale and consumption of beer
and wine in conjunction with an existing full service restaurant with waiver of the
following:
Sections 18.06.050.022
18.06.050.0231
18.06.050.0233
18.06.080
18.12.060.110
and 18.44.066.050
Minimum number of parking, spaces.
108 required; 101 proposed)
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 parking variance will not cause an increase in traffic congestion in the immediate
vicinity nor adversely affect any adjoining land uses because the request is minimal consisting of
only an approximately 10% deviation from the Code requirement;
2. That the granting of the parking variance under the conditions imposed will not be detrimental to
the peace, health, safety or general welfare of the citizens of the City of Anaheim;
3. That the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code,
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4. That the proposed use, as granted, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located;
5. 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;
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-premises sale and consumption of beer and wine in an enclosed
restaurant with waiver of minimum number of parking spaces on anirregularly-shaped parcel of land
consisting of approximately 1.1 acres located north and west of the northwest corner of Lincoln Avenue
and Gilbert Street, having approximate frontages of 140 feet on the north side of Lincoln Avenue and
120 feet on the west side Gilbert Street, and further described as 2415 West Lincoln Avenue, Unit H;
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. 3618, subject to the following conditions:
1. That the beer and wine sales authorized by this resolution shall take place only in conjunction
with the sales, service and consumption of prepared food items (i.e., enclosed sit-down
restaurant).
2. 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.
3. (a) That a landscaping plan shall be submitted to the Zoning Division for review and
approval showing that fast-growing shrubs and/or clinging vines shall be planted. along
the block wall located on the easterly one hundred twenty (120) feet of the north property
line, in accordance with Section 18.04.060.040 "Landscaping for Screening of
FencesBlock Walls" of the Anaheim Municipal Code, for the purpose of eliminating
graffiti opportunities.
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3. (b) That said landscaping plan(s) shall minimally include the following:
(1) The plant specie(s), number of plants, and size and placement of each plant;
(2) A minimum three (3) foot wide planter for the landscaping;
(3) The method of irrigation; and
(4) If the three (3) foot wide planter impacts the existing parking space stripping, the
proposed re-stripping of the parking area to comply with City standards.
If the proposed landscaping includes vines, the written permission of the adjacent
property owner to the north (125 North Gilbert Street) shall be obtained (written
permission may consist of said property owner's signing "approved" on the landscaping
plan).
(c) That the above-required screen landscaping, including any necessary parking lot re-
stripping, shall be completed within a period of two (2) months after the date of this
decision (by June 8, 1992). Said landscaping shall be maintained thereafter in a neat,
healthy and clean condition.
4. That there shall be no bar or lounge area in the licensed premises maintained for the purpose of
sales, service or consumption of alcoholic beverages directly to patrons for consumption.
5. That food service consisting of available meals shall be available until closing time on each day
of operation.
6. That subject alcoholic beverage permit shall not be exchanged, fora "public premises" type
permit nor shall subject business be operated as a "public premises."
7. That the sale of beer and/or wine for consumption off the premises is prohibited.
8. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or
other commodities during the same period.
9. That there hall be no live entertainment,. amplified music or dancing permitted on the premises
at any time.
10. That there shall be no pool tables or coin-operated games maintained on the premises. at any
time.
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. 2, 3(a) and 3(b),
above-mentioned, shall be complied with.
12. That within a period of two (2) months from the date of this decision, Condition No. 3(c) shall
be complied with. Extensions for further time to complete said condition may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
13. 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.
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This decision is made, signed, and entered into the file this eighth day of April, 1993.
nnika M. Santalahti
Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the Ciry 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 Ciry 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.
DATE: Apri18, 1993 ~~~ i~~~
Pamela H. Starnes
Administrative Assistant
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