Resolution-ZA 2003-13C
DECISION NO. ZA 2003-13
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2003-04676
OWNER: Buena Park Sterik
Auburndale Properties
2951 28th Street, Suite 2050
Los Angeles, CA 90405
AGENT: Li Chen
2808 Crystal Ridge Road
Diamond Bar, CA 91765
LOCATION: 117 North Beach Boulevard
HEARING DATE: April 17, 2003
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 a proposed restaurant in an existing commercial retail
center in the CL (Commercial, Limited) Zone with the following waiver:
Sections 18.06.050.020.022 - Minimum number of parking spaces.
18.06.050.020.023.0231 (745 spaces required;
18.06.050.020.023.0233 494 spaces proposed and concurred with by the City Traffic and
18.06.080 Transportation Manager)
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, as approved herein, will not cause fewer off-street parking spaces
to be provided for the proposed use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of
the use based on the findings contained in the parking study submitted by the petitioner and described in
paragraphs 14 and 15 of the Staff Report to the Zoning Administrator dated April 17, 2003; and that the
City Traffic and Transportation Manager has reviewed the study and concurs that there is an adequate
supply of parking spaces for the proposed restaurant in an existing commercial retail center.
2. 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.
3. 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.
4. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for the proposed use.
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5. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
6. 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.
7. That the size and shape of the site for the proposed use is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare.
8. 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.
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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to permit the sale of beer and wine for on-premises consumption in a proposed
restaurant in an existing commercial retail with waiver of minimum number of parking spaces on a
rectangularly-shaped 8.3-acre property located at the northwest corner of Beach Boulevard and Lincoln
Avenue, having frontages of 610 feet on the north side of Lincoln Avenue and 610 feet on the west side of
Beach Boulevard, and further described as 117 North Beach Boulevard (proposed Grand Buffet
Restaurant); and does hereby approve the Negative Declaration upon finding that she has considered
the Negative Declaration together with any comments received during the public review process and
further finding on the basis of the initial study and any comments received that there is no substantial
evidence that the project will have a significant effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2003-04676, subject to the following conditions:
1. That the landscaping planters shall be permanently maintained with live and healthy plants.
2. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
3. That all doors serving the restaurant shall conform to Uniform Fire Code requirements, and shall be
kept closed at all times during operation of the premises except for ingress and egress, deliveries and
emergencies.
4. That all existing and proposed roof-mounted equipment shall be completely screened from view in all
directions by properly designed and maintained design elements of the building. Said information shall
be specifically shown on plans submitted for Zoning Division approval.
5. That this establishment shall be operated as a "bona fide public eating place" as defined by Section
23038 of the California Business and Professions Code.
6. That food service with full meals shall be available from opening time until closing time, on each day of
operation.
7. That there shall be no pool tables, vending machines or arcade devices maintained upon the premises
at any time.
8. That subject alcoholic beverage (i.e., beer and wine) license shall not be exchanged fora '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.
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9. That the gross 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 shalt maintain records on a quarterly basis
showing the separate amounts of sales of beer and wine, and other items. These records shall be
made available for inspection by any City of Anaheim official during reasonable business hours.
10. 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.
11. That the sale of beer and wine for off-premises consumption shall be prohibited.
12. 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 beer and wine.
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 all persons on or about the parking lot.
Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably
illuminate the windows of nearby residences, including the mobile home parks to the north and west.
Said information shall be specifically shown on plans submitted to the Police Department, Community
Services Division, for review and approval.
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 there shall be no public telephones on the premises which are located outside the building.
17. That the proposal shall comply with all signing requirements of the CL (Commercial, Limited) Zone in
which this property is located. Any new signse shall be subject to review and approval by the Zoning
Division.
18. That no advertising or identification of any type what-so-ever shall be permitted on any outdoor furniture
or equipment including umbrellas, by illustration, text or any other means of visual communication.
19. 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 graffiti within twenty four (24)
hours from time of occurrence.
20. That four (4) foot high address numbers shall be displayed on the flat area of the building roof in a
contrasting color to the roof material, provided that the numbers shall not be visible to the street or
adjacent properties. Said information shall be specifically shown on plans submitted to the Police
Department, Community Services Division, for review and approval.
21. That trash storage area{s) shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, to comply with approved plans on file with said Department.
22. That the legal owner of the subject property shall submit a letter requesting termination of Conditional
Use Permit No. 114 (which permits operation of a miniature golf course) to the Zoning Division.
23. That the hours of operation shall be limited to 10:30 a.m. to 10 p.m., daily.
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24. That granting this parking waiver is contingent upon operation of the proposed 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 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 study, 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 the Anaheim Municipal Code.
25. That on-site `banquets' shall only be conducted as an incidental and occasional activity in conjunction
with this enclosed restaurant, as specified in subsection 18.44.030.020 (Permitted Accessory Uses and
Structures) of the Anaheim Municipal Code. Use of these restaurant premises for primary banquet
activities shall require submittal of a conditional use permit application with a parking waiver for
consideration and approval by the Planning Commission at a noticed public hearing. Submittal of the
parking waiver shall be as specified in Section 18.06.080 (Variances from Provisions of Chapter) of the
Anaheim Municipal Code.
26. 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.
27. That prior to commencement of the activity authorized by this decision, or prior to issuance of a
building permit, or within a period of one (1) year from the date of this decision, whichever occurs
first, Condition Nos. 4, 14, 20, 21 and 22, 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.
28. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipa{ Zoning Code and any other applicable City, State and Federa{
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 24t" day of April, 2003.
1/!/Ir!~l%(~~
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 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: 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: April 24, 2003 ,(
anielle C. Ma iel, rd Processing Operator
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