Resolution-ZA 2002-45t`
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• DECISION N0. ZA 2002-45
A DECISION ~OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT N0.2002-04636
OWNERS: Bel Air Enterprises
1205 E. Chapman Avenue
Orange; CA 92666
Woon Sook Chung
1300 Quail Street, Ste: #108
Newport Beach, CA 92660
AGENT: Su.e tlanagan.
Flanagan Law Offices`
1300 Quail Street, #1:08
Newport Beach,. CA 92660
LOCATION: 2871-2897 Wes# Lincoln Avenue
CEQA STATUS: CEQA.Categorically Exempt, Class 1
HEARING DATE: December 12, 2002
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 18.44.050.010 to permit the sale of beer and wine for on-
premises consumption in conjunction with a proposed restaurant in the CL
(Commercial, Limited) Zone, and with waiver of the following:
Sections 18.06.050.020.022 - Minimum number of parking spaces. ,
18.06.050A20A23.0231 (100 spaces required;
18.06.080 76 spaces proposed and concurred with by the City Traffic and
18.12.064.110 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 pubiic hearing having been duly .
noticed for and held on the date set forth above, ! do hereby find, pursuant to the Sections 18.02.030.030:
through 18.02.030A35 of the Anaheim Municipal Code:
1. That the parking waiver is hereby approved on the basis that a parking study. was submitted
by the petitioner, and concurred with by the City Traffic and Transportation Manager, determining that
there is sufficient parking on the premises for the proposed restaurant; and that the parking study
indicates that the peak parking demand for off-street parking spaces is substantially lower than the
number of spaces provided on this commercial site..
2. That the 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 att
vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of
said use.
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3: .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. .
4. ` -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 because .:
" this commercial center's parking lot has more than adequate parking to accommodateae center's peak
parking demand; and that the. proposed restaurant's parking lot is physically separated from other .
adjacent private property arid development; and there is no reason for restaurant patrons to encroach.
upon other parking facilities because of the ample parking at this commercial center.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for such use because the current parking spaces in the center are .
62% occupied during the peak parking period during evening hours on week days and weekends..
6.. ~ That the waiver, under the' conditionsimposed, will not impede vehicular. ingress to or egress
from adjacent.properfies upon the public streets iri the immediate vicinity of the proposed use because
this. commercial .center is physically separated from adjacent private properties.
7. That ttte size and shape of the site foralie 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 that the proposed restaurant is located in an existing commercial center that has. been in
operation for 21 years.
8. That the traffic generated by the proposed use will not impose an undue burden upon the
streets end highways designed and improved to carry the traffic in the area.
9. That granting 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 submitted a memorandum indicating that the proposed restaurant is
located in Reporting District 1616 which has a crime rate 19%-above the City average, but that from
September 2001 to September 2002, there were no calls for service at this location; and that this Location
is in Census Tract 868.03 with a population of 7,284 persons and said population allows for 8.on-sale
licenses and there are currently 6 on-sale licenses in the Census Tract, and approval of this request will
increase the number of license by one, which will not result in an over concentration. of licenses in the
Census Tract.
10. That the proposed restaurant, as conditioned herein, wil! not adversely affect adjoining land
uses and the growth and development in the surrounding area because the. proposal is located in an
existing commercial center and will operate In a manner consistent with other existing businesses In the
area.
Based on the evidence and testimony presented to me, t do hereby determine to approve Conditional
Use Permit No. 2002-04636, subject to the following conditions:
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 Gontro! and approved by the City of Anaheim. `~.. ,~
3. That food service with a full meal shall be available from opening time until either 10:OO..p.m..bF-
closing time, whichever occurs first, on each day of operation.
4. That subject beer and wine license shallnot be exchanged for a'public~p~emises' (bar} type license,
nor shall the establishment be operated as a `public premises' as defined in Section 23039 of the
Califarnia Business grid Professions Code.:
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5. 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~appticaritahal4~maintain records on a quarterty basis
indicating the separate amounts of safes of beer and wine, and other items. These records shall be
made available; subject to audit and, when requested, for inspection by any. City of Anaheim official;::.
during reasonable business hours:
6. That there shall be no live entertainment, amplified music or dancing permitted on the premises at: . .
any time without issuance of.proper~peri'nits as required byahe Anaheim~Municipal Code.
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7.. .That the sale of beer and wine for consumption off the premises shalt be prohibited.
8. That there shall be no exterior advertising of any kind ~or type, including advertising directed.to the
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exterior froiii withiri, promoting or indicating ahe availability of beer and wine.
9. That the activities occurring in conjunctiorrwith the operation of this establishment shall not cause
noise disturbance to surrounding properties..
10.. That sales, service and consumption of beer and wine shall be permitted during the following, hours:
. Sunday through Thursday: 10 a.m. to 10' p.m. .
Friday and Saturday: 10 a.m. to 11 p.m.
11. 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 lighting shalt be directed, positioned. and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
12. .That the business operator shalt 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.
13. That all doors serving subject restaurant shalt conform to the re~ytiirements 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.
14. That ati exterior doors shall have adequate security hardware, and a peephole or similar viewing
device be installed in the doors along the north side of the tenant space.
15. That there shall be no public telephones on the property.within the control of the applicant that are
located outside the building.
16. That the portion of this conditional use permit regarding the sate of beerand wine shall expire one
(1) year from the date of this approval unless a valid license has been issued by the California
Department of Alcoholic Beverage Control.
17. That all air conditioning facilities and other roof and ground mounted mechanical equipment shall be
properly shielded from view. Such information shall be specifically shown on the plans submitted for
building permits.
18. That plans for the restaurant shall be submitted to the Building Division showing compliance with the
minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical,.
Mechanical and Fire Codes as adopted by the -City of Anaheim. The appropriate permits shall be
obtained for any necessary work.
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19. That all plumbing or other similar pipes,andfixtures located on the exterior of the building shall be .
fully screened by architectural devices and%or appropriate building materials; andthat such
information shall be specifically shown on the plans submitted for building permits:
20. That the abandoned monument sign base located at the southwest corner of subject property shall
be removed and the landscaping area shall be repaired.
21, That prior to commencing operation of this business; a. valid business license shall be obtained from
the Business License Division of the City of Anaheim Finance Department.
22.~ That granting of the parking waiver is,contingent upon operation of the approved use in conformance `
with the assumptions and/or conclusions relating to the operation and intensity of use as contained .
in the parking demand study that formed he basis for approval of said waiver. Exceeding; violating,
intensifying .or otherwise deviating.firom any of said assumptions and/or conclusions,.as contained in .
the:parking.demandatudy; shall be deemed a violation of the expressed conditions imposed.upon
'said waiver which shall subject this permit to termination or modification pursuant to the provisions of .
Sections 18.03.091 and 18.03.092 of ahe Anaheim Municipal Code.
. 23. That subject~property shall be developed substantially in accordance with plans and specitfcations :.:.'
.submitted to the Ciry of Anaheim by the petitioner and which plans are on file with;the Rtannmg . .
Department marked Exhibit Nos: 1 and 2, and as conditioned herein..
24: That prior to commencement of the activity authorized by this decision or within a period of one t;1) _.
year from the date of this decision, whichever occurs first, Condition Nos..17, 18 and 19;
abave-mentioned, shall be complied with..Extensions for furthertime to camptete 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 `beer.and wine'.sales portion of this conditional use permit,
such request shalt be considered at a noticed public hearing.
25. That prior to final building and zoning inspections, Condition Nos. 11, 14, 15, 20 and 23, above-
- mentioned, shall be complied with. .
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 18th day of December 2002.
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Annika M. Santalahti, Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied
by an appea{ fee, is filed with the City Clerk within 15 da s 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.
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DATE: December 18, 2002 .`
Patricia Koral, Sr. Wor Proc ssing Operator
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