Resolution-ZA 2002-36r-~- - -
DECISION NO. ZA 2002-3fi
A DECISION OF THE ZONING ADMINISTRATOR
AMENDING DECISION NO. 90-09,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT N0.2002-3234
BACKGROUND: On February 15, 1990, the Zoning Administrator, by Decision No. ZA 90-09, approved
Conditional Use Permit No. 3234 to permit on-sale alcoholic beverages in a proposed
restaurant with waiver of minimum number of parking spaces (397 spaces required, 392
spaces proposed); and the conditions of approval include that the property be developed
substantially in accordance with Exhibit Nos. 1 and 2.
EXISTING DEVELOPMENT: The property is developed with a commercial retail center including subject
restaurant at 5624 East La Palma Avenue, Unit C; the zoning is Development Area 5
(Commercial Area} of the Northeast Area Specific Pian (SP 94-1) within the Scenic Corridor
Zone Overlay; and the General Pian Land Use Designation is General Commercial.
OWNER: Amara Corporation
8383 Wilshire Boulevard, Suite 532
Beverly Hills, CA 90211
AGENT: Thai House
Surapon Thunyatakula
5624 E. La Palma Avenue, Unit C
Anaheim, CA 92807
LOCATION: X624 East La Palma Avenue. Unit C
HEARING DATE: October 3, 2002
CEQA STATUS: CEQA Categorically Exempt, Class 1
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no
correspondence in opposition was received.
REQUEST: Revised plans (labeled Revision No. 1 of Exhibit Nos. 1 and 2) have been submitted to
expand an existing restaurant with safe of alcoholic beverages for on-premises
consumption within an existing commercial retail center and to amend the following waiver:
Sections 18.06.050.020.021.0211
18.06.050.020.021.0212
18.06.050.020.022
18.06.050.020.023.0231
18.06.050.Q20.023.0233
18.os.oso
and 18.110.100.110
Minimum number of parkins spaces.
1375 spaces required;
355 spaced existing and proposed)
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
petition, as proposed to be amended, pursuant to the Anaheim Municipal Code, and a public hearing
having been duly noticed for and held an 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:
Tracking No. CUP2002-04609
Cup3234.doc ~ -1 of 4 - ZA 2002-36
1. That the waiver of minimum number of parking spaces, as amended, is hereby approved
on the basis that a parking analysis was submitted, and concurred with by the City Traffic and
Transportation Manager, determining that there is sufficient parking on the premises for the requested
restaurant expansion.
2. That the parking study indicates that the peak park€ng demand for off-street parking
spaces is substantially lower than the number of parking spaces provided for the existing site.
3. That the proposed restaurant expansion will not increase or compete for on-street•
parking because the commercial centers parking lot has more than adequate parking to accommodate
the shopping center's peak parking demand.
4. That the restaurant's parking tot is physically separated from other adjacent private
property and development, and there is no reason for patrons to encroach into other parking facilities
because the center provides ample parking.
5. That the proposed restaurant expansion wiii not increase traffic congestion within the off-
street parking areas or lots because at present parking spaces for the center is less than 50% occupied
during the peak parking period during noon hours week days.
6. That the commercial center is physically separated from the adjacent private properties
and, therefore, there will be no impeding of traffic access into or out of adjacent properties.°
7. That the restaurant with sate of alcoholic beverages for on-premises consumption, as
proposed to be expanded, is a conditionally permitted use in Development Area. 5 of the Northeast Area
Specific Plan.
8. That the use, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located; that the Anaheim Police
Department has indicated that although the restaurant is located in Reporting District 1239, which has a
crime rate 22 percent above the City average, there was only one disturbance and three burglary alarms
with no police reports taken for this location; and that, therefore, the Police Department recommends
approvaf of this request
9. That the size and shape of the site for the use, as amended, 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.
10. That the traffic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
11. That amending 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 amend Decision No. 80-09, adopted
in connection with Conditional Use Permit No. 3234, to approve the proposed expansion of the existing
restaurant with sale of alcoholic beverages for on-premises consumption and with waiver of minimum
number of parking spaces; and, further, that the conditions of approval are amended in their entirety to
read as follows:
1. 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.
Cup3234.doc - 2 of 4 - ZA 2002-36
-~ ~ i
3. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closing time, whichever occurs Srst, an each day of operation.
4. That there shall be no pool tables maintained upon the premises at any time.
5. That subject alcoholic beverage license shall not be exchanged fora 'public premises' (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 alcoholic beverages shall not exceed forty percent (40%) of the grass 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 sates of alcoholic beverages and other items. These
records shaii 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 the prior issuance of proper permits as required by the Anaheim Municipal Code.
8. That the sales of alcoholic beverages 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 alcohol beverages.
10. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
11. That the sales, service and consumption of alcoholic beverages shall be permitted only between the
following hours:
Monday -Thursday and Saturday: 11 a.m. to 3 p.m. and 5 p.m. to 9:30 p.m.
Friday: 11 a.m. to 3 p.m. and 5 p.m. to 10 p.m.
Sunday (evening only): 4 p.m. to 9 p.m.
12. 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 all persons on or about the
parking lot. Said fighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby businesses.
13. 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.
14. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code
and shall be kept closed and unlocked at ail times during hours of operation except for
ingressiegress, to permit deliveries and in cases of emergency.
15. That there shall be no public telephones on the premises located outside the building.
16. That due to the change in use and/or occupancy of the building, plans shaii be submitted to the
Building Division showing compliance with the minimum standards of the City of Anaheim, including
the Uniform Building, Plumbing, Electrical, Mechanica_ I and Fire Codes as adopted by the City of
Anaheim. The appropriate permits shall be obtained for any necessary work.
17.. That the owner of subject property shall be responsible for the removal of any on-site graffiti within
twenty~four (24) hours of its application.
Cup3234.doc - - 3 0# 4 - ZA 2002-36
18. That the proposal shall comply with all signing requirements of Development Area 5 (Commercial
Area) of the Northeast Area Specific Plan (SP 94-1) and the Scenic Corridor Zone Overlay unless a
variance allowing sign waivers is approved by the Planning Commission or City Council.
19. That granting of the parking waiver is contingent upon operation of the use in conformance with the
assumptions and/or conclusions relating to the operation and intensity of use as contained in the
parking demand letter that formed the basis for approval of said waiver. Exceeding, violating,
intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in
the parking demand letter, shall be deemed a violation of the expressed conditions imposed upon
said waiver which shah subject this permit to termination or modification pursuant to the provisions of
Sections 18.03.091.and 18.03.092 of the Anaheim Municipa! Code.
20. 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 Revision No. 1 of Exhibit Nos. 1 and 2, and as conditioned herein.
21. That prior to commencement of the activity herein approved or within a period of one (1}year from
the date of this decision, whichever occurs first, Condition Nos. 16 and 20, 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.
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.
This decision is made, signed, and entered into the file this 10th day of October, 2002.
- L~/W G~~%t~'1'
nika 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 davs 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: Ida 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: October 10, 2002 ~~
Patricia Koral, Sr. Word Processing Operat r
Cup3234.doc - 4 of 4 - ZA 2002-36