Resolution-ZA 1998-25_ti
DECISION NO. ZA 98-25
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 4053
OWNERS: RobertK. Wong and Mary L. Wong
1020 North Batavia, #13
Orange, CA 92867
AGENT:- S & D Associates
1020 North Batavia, #13
Orange, CA 92867
LOCATION: 2628-2634 West La Palma Avenue
CEQA STATUS: Negative Declaration
HEARING DATE: August 27,.1998
OPPOSITION: No one indicated their presence at the public hearing 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 the on-premise sale and
consumption of beer and wine in conjunction with expansion of an existing full-service
restaurant with waiver of the following:
Sections 18.06.050.022 - Minimum number of parking spaces.
18.06.050.0231 (75 spaces required; 72 spaces proposed and
18.06.080 _ concurred with by the City Traffic and
18.12.060.110 Transportation Manager}
and 18.44.066.050-
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 waiver, under the conditions imposed, will not cause fewer off-street parking
spaces to be provided for the proposed use than the number of such spaces necessary to accommodate
all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation
of the use; and that the petitioner submitted a parking analysis letter validating the proposed waiver,
which the City Traffic and Transportation Manager has reviewed and approved.
2. That the waiver, under the conditions imposed, will not increase the demand and competition for
parking spaces upon the public streets in the immediate vicinity of the proposed use.
3. That the waiver; under the conditions imposed, will not increase the demand and competition for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which
property is not expressly provided as parking for such use under an agreement in compliance with
Section 18.06.010.020 of this Code).
4. That the waiver, under the conditions imposed, will not increase traffiic congestion within the off-
street parking areas or lots provided for such use.
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5. That the waiver, under the conditions imposed, will not impede .vehicular ingress to or egress
from adjacent properties. upon the public streets in the immediate vicinity of the proposed use.
6. That the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code.
7. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
8. 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.
9. 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.
10. That 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; that the Anaheim
Police Department has reviewed the proposal and recommended approval subject to certain conditions
of approval; that Code Enforcement staff indicated that there have been no complaints pertaining to the
subject property and that there are no outstanding Code violations currently pending for this property;
and that this property is located in the West Anaheim Commercial Corridors Redevelopment Area and
Community Planning-Area Na 3, and Redevelopment staff has reviewed the proposal and does not
oppose it.
11. That no one indicated their presence at the public hearing in opposition to the proposal and that
no correspondence in opposition to the proposal was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to permit a 1,740 sq.ft. expansion to an existing 1;560 sq.ft. restaurant with retail
sales of beer and wine for on-premises consumption located on a .0.72 acre, rectangularly-shaped
property having frontage of 130 feet on the south side of La Palma Avenue, a maximum depth of-242
feet, and being located 280 feet west of the centerline of Magnolia Avenue (2628 -2634 West La Palma
Avenue - Ashoka Indian Cuisine); and does hereby approve the Negative Declaration upon finding that
she has considered the Negative Declarationtogetherwith 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, l do hereby determine-to approve Conditional-.--
Use Permit No. 4053, subject to the following conditions:
1. That no amusement (arcade) devices shall be permitted.
2. That the sale of beer and wine for consumption off the premises shall be prohibited.
3. That this business establishment shall be operated as a "Bona Fide Public Eating Place" as
defined by Section 23038 of the California Business and Professions Code.
4. That there shall be no bar or lounge maintained on the property unless approved by the City of
Anaheim and licensed by Alcoholic Beverage Control
5. That subject beer and wine license shall not be exchanged for a 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.
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6. That the sale of beer and wine 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 beer and wine and other items. These records
shall be made available for inspection by any City of Anaheim official during reasonable
business hours and shall be subject to audit by the City, when requested.
7. 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 beer and wine.
8. That the activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to sun'ounding properties.
9. That the parking lot serving these 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 residences.
10. 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 them drinks in the licensed. premises under any commission, percentage, salary
or other profit-sharing plan, scheme or conspiracy.
11. 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 regular hours of business
operation except for ingress/egress, to permit deliveries and in cases of emergency.
12. That there shall be no public telephones on the property that are located outside the building
within the control of the applicant.
13. That any proposed additional signs for this business shall be subject to approval by the Planning
Commission as a "Reports and Recommendations" item.
14. That window signs shall be prohibited.
15. That, as stipulated by the petitioner, the hours of business operation shall be limited to:
Sunday through Thursday: 11:00 a.m. to 10:00 p.m.
Friday and Saturday: 11:00 a.m. to 10:30 p.m.
16. 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.
17. 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. 9, 16, 19 and 20,
herein-mentioned, shat{ 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 publichearing.
18. 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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19. That the petitioner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 2294 (permitting on-premises sale and consumption of beer and
wine. in conjunction with a proposed restaurant at 2632 - 2634 West La Palma Avenue [subject
restaurant]).
20. That the canopy addition shall be removed from the awning in front of this businesses. If any
modification to the canopy is proposed, such proposal shall be submitted to the Zoning
Administrator for review and approval by the Zoning Administrator as a "Reports and
Recommendations" item to assure compatibility of design with the front of the building.
Appropriate permits shall then be obtained from the Building Division.
21. That granting of this parking waiver shalt be deemed contingent upon operation of this use in
conformance with the assumptions relating to the operation and intensity of the use as contained
in the parking analysis letter submitted by the petitioner and that formed the basis for approval of
said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said
assumptions as contained in the parking demand study shall be deemed a violation of the
express conditions imposed upon said waiver which shall subject said waiver to termination or
modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of this Code.
This decision is made, signed, and entered into the file this 3rd day of September 1998.
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, J 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: September 3, 1998 ` ~~~^ ~ ~~-- ~ ~_
Patricia Koral
Word Processing Operator
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