Resolution-ZA 1998-28•
DECISION NO. ZA 98-28
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 4063, IN PART
OWNER: Joe Wassilian
601 Michael Collins
Montebello, CA 90640
AGENT: Christopher Sarkissian
517 South State College Blvd.
Anaheim, CA 92806
LOCATION: 512 South State College Boulevard.
CEQA STATUS: Negative Declaration
HEARING DATE: October 8, 1998
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence was received in opposition.
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 sale of beerand wine for on-
premises consumption in conjunction within an existing 2,235 square foot enclosed
restaurant with waiver of the following:
Sections 18.06.050.0232 - Minimum number of oarking spaces.
18.12.060.110
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 is denied on the basis that there is no need for a waiver.
2. That the proposed use is properly one for which a conditional. use permit is authorized by the
Zoning Code.
3. 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.
4. That the size and shape of the site for the proposed use'is adequate to aNow 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.
5. 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.
6. 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.
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• .
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 4063, subject to the following conditions:
That the establishment shall be operated as a "Bona Fide Public Eating Place" as defined by
Section 23038 of the California Business and Professions Code and by Section 18.01.190
"Restaurant with on-premises sale and consumption of beer and wine" of the Zoning Code.
2. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control and approved by the City of Anaheim.
3. That food service with a full meal shall be available from opening time until either 9:30 p.m. or
.closing time, whichever occurs first, on each day of operation.
4. That there shall be no pool tables orcoin-operated amusement games maintained upon the
premises at any time.
5. That there shall be no more than seventy (70) customer seats at these premises (both indoors and
outdoors) at any time.
6. That the gross sale of beer and wine shall not exceed forty: percent (40°l0) of the gross sales of all
other retail sales during any three (3) month period. The applicant shall maintain records on a
quarterly basis indicating the separate amounts of sates of alcoholic beverages and other items.
These records shall be made available, and subject to audit when inspection is requested by any
City of Anaheim official during reasonable business hours.
7. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without issuance of proper permits, as required by the Anaheim Municipal Code.
8. That the sale of beer and wine for consumption off the premises shall be prohibited.
9. 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 alcoholic beverages.
10. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
11. That sales, service and consumption of beer and wine shall be permitted only between the hours of
11:30 a.m. and 9:30 p.m.,-seven days a week.
12. That all doors serving subject restaurant shall immediately conform to the requirements of the
Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation
except for ingress/egress, to permit deliveries and in cases of emergency.
13. That there shall be no coin-operated telephones on the property that are located outside the building
and within the control of the applicant.
14. That any tree which is damaged, deseased, dead or removed shall be replaced with a minimum
fifteen (15) gallon tree of the same or similar variety.
15. That the petitioner shall be responsible for maintaining a litter free area adjacent to the premises
and within control of the applicant.
16. That trash storage areas for the subject property shall be provided and maintained in a location
acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance
with approved plans on file with said department.
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17. That the petitioner) property owner shall plant a matching palm tree in the empty right-of-way tree
well adjacent to State College Boulevard, plant a minimum fifteen (15) gallon tree in the planter at
the northwest comer of the property, and install ground cover and shrubs in the planter south of the
building. Said landscaping shall be maintained in a healthy condition.
18. That the petitioner/property owner shall repave and restripe all driveway and parking lot surfaces on
the subject property in accordance with Public Works Department, Street and Sanitation Division,
standards, as required by and subject to the approval of the City Traffic and Transportation
Manager.
19: 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.
20. That prior to commencement of the activity authorized by this decision or prior to final building and
zoning inspections, whichever occurs first, .Condition Nos. 16, 17, 18, 19 and 23, herein mentioned,
shall be complied with.
21: That subject use permit shall expire in one (1) year from the date of this resolution, on October 8,
1999.
22. .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.
23. That the petitioner shall obtain the. appropriate Alcoholic Beverage Control License for beer and
wine.
This decision is made, signed, and entered into the file this 15th day of October, 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
unlessmembers of the City Council shall request to review this decision,within-said 15 days.
DECLARATION OF SERVICE BY MAIL: t 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 decisiorrto the applicant and did
forward a copy to the City Clerk.
DATE: October 15, 1998 ~Ul.,~ ,~ G~ ~~0 L,~
Patricia Ann Koral
Word Processing Operator
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