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Resolution-ZA 1999-44__~, i r DECISION NO. ZA99-44 A DECISION OF THE ZONING ADMINISTRATOR APPROVING CONDITIONAL USE PERMIT N0.4164 FOR A PERIOD OF ONE (1) YEAR OWNER: E.E.S.A P.O. Box 931025 Los Angeles, CA 90093-1025 AGENT:. James Stavropoulos 3330 West Lincoln Avenue Anaheim, CA 92801 LOCATION: 3330 West Lincoln Avenue CEQA STATUS: CEQA Negative DeGaration HEARING DATE: November 18,1999 OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no correspondence. in opposition was received. REQUEST: Petitioner requests approval to permit the sale of beer and wine for on-premises consumption within an existing restaurant under authority of Code Sections 18.12.050.010 and 18.44.050.010. Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code Section 18.12.040, to decide the above-referenced petition and a public hearing having been duly noticed for and held on the date set forth above, I do hereby find: That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the proposed use, as approved for a period of one year, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. 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 because the operation of this existing facility with the sale of beer and wine in conjunction with meals is not anticipated to create additional panting demands. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets .and highways designed and improved to cant' the traffic in the area. 5. 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. 6. That, subject to the conditions herein, the Anaheim Police Department and the Community Development Department concur with the approval of this request. 7. .That the calls for Police Department service has been low for this property and the proposed beer .and wine sales for on-premises consumption is in conjunction with a bona fide full service restaurant with no entertainment or bar/cocktail lounge being proposed. V4164.DOC -1- ZA 99-44 ~ ~ ~ ~ '~ Based on the evidence and testimony presented to me, 1 do hereby determine to approve Variance No. 4164, subject to the following conditions: 1. That trash storage area(s) shall be: provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from Lincoln Avenue. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically shown on the plans submitted for Streets and Sanitation Division approval. 2. That a plan sheet forsolid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval 3. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and shall be maintained to the satisfaction of the Streets and Sanitation Division. Said tram-around area shall be specifically shown on plans submitted for building permits. 4. 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. 5. That there shall be no bar or lounge maintained on the property. 6. That food service with a full meal shall be available from opening time until either 10;00 p.m. or closing time, whichever occurs first, on each day of operation. 7. That there shall be no pool fables maintained upon the premises at any time. 8. That subject alcoholic beverage licenseshall 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. 9. 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 shah 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, subject to audit and, when requested inspection by any City of Anaheim official during reasonable business hours. 10. That there shall be no amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. 11. That the sales of beer and wine for consumption off the premises shall be prohibited. 12. That there shall be no exterior advertising of any kind or type, inGuding advertising directed to the exterior from within, promoting or indicating the availability of alcohol beverages. 13. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 14. .That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of ail persons on or about the .parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminatethe windows of nearby residences. V4164.DOC -2- ZA 99-44 .! '~ ~~ • 15. 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. 16. That all doors serving. subject restaurant shall confomn 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. 17. That there shall be no public telephones on the. premises located outside the building. 18. That the existing roof-mounted equipment shall be visually screened from any public right-of--way or nonindustrially zoned properties, and shall be painted to match the building, in compliance with Code requirements. 19. .That the existing wooden screen located on the south side of the building shall be repaired. 20. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffdi within twenty four (24) hours from time of occurrence. 21. That within a period of thirty (30) days of the date of this decision, any existing outdoor storage shall be removed; and that no outdoor storage shall be permitted. 22. That the hours of operation shall be limited to 7 a.m. to 10 p.m. ,.Monday through Saturday, and 7 a.m. to;9 p.m. on Sunday, as stipulated to by the petitioner. 23. That subject. use permit shall expire one {1) year from the date of this resolution, on November 18, 2000. 24. 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. 25. That prior to commencement of the adivrty 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, 14, 18, 19 and 24, above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 26. 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. This decision is made, signed, and entered into the file this 24th day of November, 1999. ~~~ 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. V4164.DOC -3- ZA 99-44 '/ ., t DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury that on the date set forth below, I did deposR, in the United States Mail, a copy of the deasion to the applicant and did forwani a copy to the City Clerk. ~" ~ DATE: November 24,1999 Patricia Koral, Senior Worcf Processor V4164.DOC -4- ZA 99-44