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Resolution-ZA 2001-21i DECISION NO. ZA 2001-421 • A DECISION OF THE ZONING ADMINISTRATOR APPROVING CONDITIONAL USE PERMIT NO. 2001-04377 OWNER: Fairmont Plaza Partners LLC Attn: Vic Peloquin 4740 E. Bryson Street Anaheim, CA 92807 LOCATION: 132-136 South Fairmont Boulevard CEQA STATUS: CEQA Categorically Exempt, Class 1 HEARING DATE: May 31, 2001 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 of a conditional use permit under authority of Code Sections 18.12.050.010 and 18.44.050.300 to permit the sale of beer and wine for on- premises consumption in conjunction with a proposed full-service restaurant in an existing commercial retail center in the CL(SC) (Commercial, Limited -Scenic Corridor Overlay) Zone. 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 proposed use, afull-service restaurant with the sale of beer and wine for on- premises consumption, is properly one for which a conditional use permit is authorized by the Zoning Code. 2. 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. 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. 4. 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. 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. Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional Use Permit No. 2001-04377, 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. 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. Cup2001-04377.doc - 1 of 3 - ZA 2001-421 i That food service consisting of full meals shall be available from opening time until either 10:00 p.m. or closing time, whichever occurs first, on each day of operation. 4. That there shall be no arcade devices and/or pool tables maintained upon the premises at any time. 5. That subject alcoholic beverage license shall not be exchanged fora "public premises" (i.e., bar) type license nor shall the establishment be operated as a "public premise" as defined in Section 23039 of the California Business and Professions Code. 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, subject to audit and, when requested, subject to inspection 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. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from inside the premises, 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 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 hours of operation except for ingress/egress, to permit deliveries, and in cases of emergency. 12. That there shall be no public telephones on the premises located outside the building. 13. That this conditional use permit shall expire one (1) year from the date of approval unless a valid license has been issued by the California Department of Alcoholic Beverage Control. 14. That the hours of operation shall be limited, as indicated by the petitioner, to the following: 11:30 a.m. to 10:00 p.m., seven (7) days a week. 15. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and vrhich plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. 16. 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. 13 and 15, 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. Further, if an extension of time is requested for the alcohol sales portion of this request, it shall be considered at a noticed public hearing. 17. 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. Cup2001-04377.doc - 2 of 3 - ZA 2001-~21 • ! This decision is made, signed, and entered into the file this 7th day of June, 2001. ~Z~zz~ ~ ` ~ ~ ~z~" Annika M. Santalahti, Zoning A ministrator 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, 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: June 7, 2001 Patricia oral, Senior Wor Processing Operator Cup2001-04377.doc - 3 of 3 - ZA 2001-~21 w .::. ~ ~ CITY OF ANAHEIM, CALIFORNIA Planning Department June 14, 2001 The Wait Disney Company 1313 S. Harbor Boulevard Anaheim, CA 92802 Re: ~ecial Circumstances Waiver No. 2001-00014 -Approved On June 14, 2001, Annika M. Santalahti, Zoning Administrator, considered and approved your request for Special Circumstances Waiver No. 2001-00014 to permit 20 Special Event Permits in addition to the four permitted by Code (for a total of 24 Special Event Permits during calendar year 2001) on property located on the north side of Katella Avenue between Disneyland Drive and Harbor Boulevard (Disney's California Adventure Theme Park back-of-house area). She made the following findings: 1. That approval of special circumstances waivers (allowing modification and/or waiver of regulations pertaining to special events) is authorized by Subsection 18.02.055.080 "Zoning Administrator Review (of Special Events Permits)" and Section 18.12.085 "Special Event Permit -Review" of the Anaheim Municipal Code. 2. That a letter requesting this special circumstances waiver and describing the proposal was submitted by John T. Graves, A.I.A., Senior Development Manager; and, that photographs attached to the , Staff Report to the Zoning Administrator dated June 14, 2001, illustrate the screening of the tents. 3. That approval of the request allows the continued use of three temporary tents for the storage of parade floats associated with Disney's Electrical Parade from July 13, 2001 through December 31, 2001. 4. That the property is located in the 292-acre Theme Park District of The Disneyland Resort Specific Plan No. 92-1, where theme park facilities including parade floats and associated permanent storage facilities are permitted in back-of-house areas. 5. That extraordinary circumstances are present because permanent facilities do not currently exist to store the parade floats and the three temporary tents will protect the floats from direct sunlight and prevent damage to the color-coated bulbs and black fabric material; and, that approval of the request facilitates operation of the parade through the end of the year while the petitioner designs and constructs permanent facilities to house the parade floats if it is decided to continue the parade. 6. That two of the proposed tents (Tents "A" and "B") are fully screened from public view by a combination of landscaping, perimeter fencing and back-of-house buildings; and, that Tent "C" is screened from view along. Katella Avenue by a combination of landscaping, perimeter fencing, and a wooden facade which has been designed to look like a building and is painted to match and blend in with the adjacent roller coaster. 7. That the City Traffic and Transportation Manager has reviewed the tent locations and the displacement of 30 parking spaces, and has determined that the tents do not impact on-site vehicle circulation because adequate parking remains to serve The Disneyland Resort, including the California Adventure Theme Park; and, that the remaining Resort parking spaces exceed Code requirements and employees who typically park in the 30 spaces will be shuttled from other employee parking lots to the area. 200 South Anaheim Boulevard P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 www.anaheim.net ~ ~ Page 2 8. That approval of this request serves the public interest, safety and general welfare. Under authority of Sections 18.02.055.080 and 18.12.085, and as described in the petitioner's letter and in the staff report, the Zoning Administrator approved Special Circumstances Waiver No. 2001-00014 for the herein described special events, subject to compliance with the following conditions: 1. That a total of twenty four (24) Special Event Permits shall be permitted for this property during calendar year 2001 (i.e., four [4] permitted by the Anaheim Municipal Code and twenty [20] additional permits pursuant to this Special Circumstances Waiver). 2. That not less than five (5) days prior to commencement of the activity authorized by Special Circumstances Waiver No. 2001-00014, the applicant shall obtain a Special Event Permit from the Planning Department for each of the twenty (20) additional special events. 3. That prior to issuance of a tent permit by the Fire Department for the time period allowed by this Special Circumstances Waiver, plans showing compliance with Uniform Fire Code Article 32 shall be submitted to the Fire Department for review and approval. 4. That the tents shall be installed and used 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 through 10, and as conditioned herein. 5. That the tents, including the wooden facade attached to Tent "C", shall be maintained in a clean condition and in good repair; and, that the tent material and the wooden facade shall be replaced in a timely manner in the event of damage. 6. That by January 1, 2002, the tents shall be removed and the thirty (30) parking spaces which were displaced by said tents shall be returned to, and made available for, parking use. 7. That failure to comply with Condition Nos. 2 through 5, herein, shall subject this Special Circumstances Waiver to termination or modification pursuant to the provisions of the Anaheim Municipal Code. 8. 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 shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within ten (10) days from the date of this letter or unless members of the City Council request review of this decision within said 10 days. If you have any questions, please contact Della Herrick, Associate Planner, Advanced Planning Division, at 714-765-5139, extension 5018. Sincere) J - ~ ~~~ Patricia Koral Senior Word Processing Operator cc: John T. Graves, AIA, Walt Disney Imagineering, 888 South Disneyland Drive, Anaheim, CA 92802 SCW2001-00014.doc