Resolution-ZA 2004-36r
DECISION NO. ZA 2004-36
OWNER:
LOCATION:
1920 East Center Street
CEQA STATUS: Categorically Exempt, Class 1
HEARING DATE: October 14, 2004
OPPOSITION:. No one indicated their presence at the public hearing in opposition to the proposal and no
correspondence was received in opposition.
...REQUEST: Modification or deletion of a condition of approval for the previously approved restaurant
with the sale of beer and wine for on-premises consumption in the C-G (Commercial
General) zone.
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
petition pursuant to Section 18.60.020 (Establishment of Zoning Administrator Position) of the Anaheim
Municipal Code, and a public hearing having been. duly noticed for and held on the date set forth above to
consider the proposed amendment to this'conditional use permit,-I do hereby find pursuant to Sections
18.60.190 (Amendment of Permit Approval) and 18.66.030 (Findings):
1. That this conditional use permit was approved on October 7, 2004,. under Decision No.
ZA2004-34 to establish the sale of beer and wine for on-premises consumption at a new restaurant at 1920
East Lincoln :Avenue in the C-G zone; and that said Decision includes the following conditions of approval:
- 3. That food service with a full meal shall be available from opening time until
10:00 p.m.
11. That sales, service and consumption of beer and wine shall be permitted
only between the hours of 10:00 a.m. to 10:00 p.m:
32. That the property owner shall reduce the height of the existing six (6) foot
high block walls adjacent to both Lincoln Avenue and Center Street to a
maximum height of three (3) feet, in accordance with Engineering Standard
Plan No. 115 A. And that a plan showing said reduced block wall height
shall be submitted to the City Traffic and Transportation Manager and the
Planning Services Division for review and approval
40. That prior to commencement of the activity herein approved, or prior to
issuance of a building permit, or within a period: of six (6) months from the
date of this Decision, whichever occurs first, Condition Nos. 12, 16, 22, 25,
26, 27, 28, 31, 33,•35, 38 and 39, above-mentioned, shall be complied with.
.Extensions for further time to complete said conditions maybe granted in
accordance with Section 18.60.160 (Establishment of Use or Structure) of
the Anaheim Municipal Code.
A DECISION OF THE ZONING ADMINISTRATOR
AMENDING DECISION NO. ZA2004-34,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT N0.2004-04901
Guillermo M. Aguirre
415 North Sunkist Street
Anaheim, CA 92806
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41. That prior to commencement of the activity herein approved or prior to issuance of a
certificate of occupancy by the City of Anaheim Building Division, whichever occurs first,
Condition Nos. 13, 20, 21, 23, 24, 29, 32, 33, 35, 38 and 39, above-mentioned, shall be
complied with.
2. That the petitioner submitted a letter requesting that Condition No. 3 be amended to permit
food service until 12 midnight instead of 10 p.m.; and that staff concurred with the request.
3. That staff recommended that Condition No. 32 be amended to specify that the height of the
existing block wall be reduced to 3-feet within 60 days from the date of this Decision (instead of prior to
commencement of the approved activity or prior to issuance of a certificate of occupancy, whichever occurs
.first, as specified by Condition. Nos.. 32 and 41 in Decision No. ZA 2004-34).
4. That staff also recommended that Condition No. 40 be amended to specify that certain
conditions be satisfied with 6 months from the date of this Decision (instead of prior to commencement of the
approved activity, or prior to issuance of a building permit, or prior to issuance of a certificate of occupancy,
or within a 6 months, whichever occurs first, as specified by Condition Nos. 40 and 41 in Decision No. ZA
2004-34).
5. That the proposed use, as-amended and conditioned herein, will not adversely affect the
adjoining land uses or the growth and development of the area in which it is proposed to be located.
6. That the size and shape of the site for the proposed use, as amended and conditioned herein,
is adequate to allow full development of the proposed use in a manner not detrimental to the particular area
nor to the health and safety.
7. That the traffic generated by the proposed use, as amended and conditioned herein, will not
'`impose an undue burden upon the streets and highways designed and improved to carry the traffic in the
area.
8. 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.
9. That if after one (1) year, the petitioner wishes to request an amendment to Condition No. 11
to permit the sales, service and consumption of beer and wine until 12 midnight in connection with the
service of full meals until 12 midnight, the applicant may file a request to further amend this conditional use
petition under the provisions of subsections 18.60.190.030 (Major Amendments) and 18.60.190.040
(Findings).
Based on the evidence and testimony presented to me, I do hereby amend the conditions of approval, in
their entirety, in Decision No. ZA 2004-34, adopted in connection with Conditional Use Permit No. 2004-
04901, 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 area maintained on the property unless licensed by Alcoholic
Beverage Control ("ABC") and approved by the .City of Anaheim.
3. That food service with a full meal shah be available from opening time until 12:00 midnight.
4. That there shalt be no pool tablesmaintained upon the premises at any time.
5: That subject beer and winelicense.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.
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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 petitioner shall maintain records on a quarterly basis indicating
the separate amounts of sales of alcoholic beverages and other items. These records shall be made
available, and subject to audit, when requested for inspection by any City of Anaheim official during
reasonable business hours.
7. That there shall be noJive entertainment, amplified music, or dancing permitted on the premises at any
time without the proper permits having first been issued as required by the Anaheim Municipal Code.
8. That the sale of beer and wine 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 inside the building, promoting or indicating the availability of beer and wine.
10. Thafthe activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties..
11. That sales, service and consumption of beer and wine shall be permitted only between the hours of
10:00 a.m. to 10:00 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 lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
13, That all exterior doors shall have their own light source, which shall adequately illuminate door areas at
all hours to make clearly visible the' presence of any person on or about the premises and provide
adequate illumination for persons exiting the building.
14. That the business operator shall comply with Section 24200.5 of the California 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.
15. 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.
16. That there shall be no'public telephones on the premises which are located outside the building.
17. That any and all security officers provided for the approved business`shall comply with all State and
Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of
the California Business and Professions Code and Section 4.16.070 (Policing) of the Anaheim
Municipal Code.
18. That no "happy hour"-type of reduced prices for beer and wine promotions shall be allowed.
19. That petitioner shall not share any profits, or pay any percentage, or commission to a promoter or any
other person, based upon. monies collected as a door. charge, cover charge, or any other form of
admission charge, including minimum drink order, or the sale of beer and wine.
20. That aBurglar/Robbery Alarm permit application, Form APD 515, -shall be obtained from the Anaheim
Police Department.
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21. That a Fire Emergency Listing Card, Form APD-281, shall be obtained from the Anaheim Police
.Department.
22. That rooftop address numbers be provided for visibility to the police helicopter. The a minimum
number/letter size shall four (4) feet in height and two (2) feet in width. The lines of the numbers/letters
shall be a minimum of six (6) inches thick and shall be spaced twelve (12) to eighteen (18) inches part.
Numbers/letters shall be painted or constructed in a contrasting color to the roofing material.
Numbers/letters shall face the street on which the structure is addressed. Such numbers/letters should
not be visible .from ground level.
23. That a "No Trespassing 602(k) P.C." sign shall be posted at both entrances to the parking lot. Such
signs shall be at least two (2) feet by one (1) foot in overall size, with a white background and black
two (2) nigh inch lettering.
24. That all entrances to the parking lot shall be posted with appropriate signs in accordance with Section
22658(a), C.V.C., to assist in removal of vehicles at the property owner's/manager's request.
25. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department for review and approval.
26. That anon-site trash truck turnaround shall be provided and maintained in conformance with Standard
Engineering: Plan No. 476. Said .turnaround area shall be specifically shown on plans submitted to the
Streets and Sanitation Division of the Public Works Department.
27. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works bepartment, Streets and Sanitation Division, and in accordance with approved plans on file with
said Department. Said trash storage area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities.: by the use of plants 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 building permits.`
28. .That an unsubordinated restricted covenant providing reciprocal access and parking for both 1925
.East Lincoln Avenue and 1920 East Center Street, approved by the City Traffic and Transportation
Manager and Zoning Division and in a form satisfactory to the City Attorney, shall be recorded with the
Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the
Zoning Division. In addition, provisions shall be made in the covenant to guarantee that the entire
complex shall be managed and maintained as`one (1) integral parcel for purposes of parking, vehicle
circulation, signage, maintenance, land usage and architectural control, and that the covenant shall be
referenced in all deeds transferring all or any part of the .interest in the property.
29. That in accordance with Sections 18.38.160 (Mechanical and Utility Equipment -Ground Mounted)
and 18.38.170 (Mechanical and Utility Equipment -Roof Mounted) of the Anaheim Zoning Code, all air
conditioning facilities and other roof and ground-mounted equipment shall be properly screened from
view by enclosures that are architecturally compatible with the building. Said information shall be
specifically shown on plans submitted to the Planning Department for review and approval
30. That no trucks shall be parked or stored anywhere on the subject property for the purpose of
advertising.
31. That a valid business license shall be obtained from the Business License Division of the City of
Anaheim Planningbepartment.
32. That within sixty (60) days from the date of this Decision, the property owner shall remove or reduce
the height of the existing six (6) foot high block walls adjacent to both t_incoln'Avenue and Center
Street to a maximum height of three (3) feet, in accordance with Engineering Standard Plan No. 115-A.
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33. That gates shall not be installed across any driveway in a manner that may adversely affect vehicle
traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard
Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation
Manager..
34. 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) hoursfrom time of occurrence.
35, That the property owner shall submit a letter to the Planning Services Division requesting termination
of Conditional Use Permit No.'3316 (which permitted aday-care center for 70 children with waiver of
maximum fence height).
36. That no portable signs shall be utilized to advertise any activities on the subject site
37. That no vending machines, which are visible from any. public right-of--way (street), shall be permitted on
the property.
38. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Plan Nos. 436-G, 470 and 473
pertaining to parking standards and driveway locations. Subjectproperty shall thereupon be
developed and maintained in conformance with the approved plans.
39. 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 (Site Plan), 2 (Floor/Equipment/Tile Plan) and 3 (Sign Plan), as
conditioned herein
40. That within a period of six (6) monthsfrom the date of this Decision, Condition Nos. 12, 13, 16, 21, 22,
23, 24, 25, 26,.27, 28, 31, 33, 35, 38 and 39, above-mentioned, shall be complied with. Extensions for
further time to complete-said conditions'may be granted in accordance with Section 18.60.160
(Establishment of Use or Structure) of the Anaheim Municipal Code
41. That approval of this conditional use permit 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 Federal regulations. Approval does not include any action or findings as to compliance
or approval'ofthe request regarding any other applicable ordinance, regulation or requirement.
This Decision is made, signed, and entered into the file this 21 S` day of October 2004...
Annika M. Santalahti Zonin Administrator ~~/~~
9
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 herebydeclare under penalty of perjury that on the date set
forth below,l 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 21, 2004
anielle C.'M iel, rd Processing Operator
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