Resolution-ZA 2006-11• •
RESOLUTION NO. ZA2006-11
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05088 BE GRANTED
(2406 EAST KATELLA AVENUE)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCELS 1, 2, 3 AND 4 OF PARCEL MAP 9-232, AS SHOWN ON A MAP FILED IN DEED BOOK 278,
PAGES 7, 8 AND 9 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
PARCEL B:
AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF PARCEL 1, AS SHOWN ON
THAT CERTAIN LOT LINE ADJUSTMENT PLAT NO. 139 RECORDED NOVEMBER 1, 1985 AS
INSTRUMENT NO.85-423458 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA,
INCLUDED WITHIN THE FOLLOWING DESCRIBED LAND:
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 3, AS SHOWN ON A MAP FILED IN
BOOK 196 PAGES 8 AND 9 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY; THENCE SOUTH 34° 23' 42" EAST ALONG THE SOUTHWESTERLY LINE OF SAID
PARCEL 3 AND ITS SOUTHEASTERLY PROLONGATION, 309.49 FEET TO A POINT IN THE
SOUTHEASTERLY LINE OF SAID PARCEL 3; THENCE SOUTH 00° 00' 11" EAST 106.00 FEET; THENCE
SOUTH 89° 59'49" WEST 67.60 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT 51 FEET"
EASTERLY FROM THE LINE COMMON TO PARCELS 1 AND 2 OF SAID PARCEL MAP HAVING A
BEARING AND DISTANCE OF NORTH 00°00' 11"WEST 371.55 FEET; THENCE NORTH 00°00' 11"
WEST ALONG SAID PARALLEL LINE, 89.68 FEET TO A POINT IN A LINE PARALLEL WITH AND
DISTANT SOUTHWESTERLY 32.50 FEET FROM THE SOUTHEASTERLY PROLONGATION OF THE
LINE COMMON TO SAID PARCELS 1 AND 2 HAVING A BEARING AND DISTANCE OF NORTH 34°23'
42"WEST 147.57 FEET; THENCE NORTH 34°23' 42"WEST, ALONG SAID PARALLEL LINE 284.77 FEET
TO A POINT IN THE SOUTHEASTERLY LINE OF KATELLA AVENUE AS SHOWN ON SAID PARCEL
MAP, SAID POINT BEING IN THE ARC OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS
OF 940.00 FEET; THENCE NORTHEASTERLY 65.01 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTAL ANGLE OR 3° 57' 46" TO THE POINT OF BEGINNING, AS CREATED BY THAT
CERTAIN AGREEMENT FOR MUTUAL INGRESS AND EGRESS EXECUTED BY L.C. SMULL
RECORDED OCTOBER 7, 1985 AS INSTRUMENT NO.85-382822, OFFICIAL RECORDS.
PARCEL C:
NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS FOR PEDESTRIAN AND VEHICULAR
TRAFFIC, UNDERGROUND UTILITIES, SURFACE WATER DRAINAGE AND TEMPORARY
CONSTRUCTION PURPOSES AS DEFINED AND OVER THOSE AREAS AS DESCRIBED IN ARTICLE II
OF THE DECLARTION OF COVENANTS, CONDITIONS AND RESTRICTIONS RCORDED JULY 2, 1986
AS INSTRUMENT NO. 86284304, OFFICIAL RECORDS.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City
of Anaheim on May 25, 2006 at 9:30 a.m., notice of said public hearing having been duly given as required
by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures",
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to hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Zoning Administrator, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the applicant's request to permit the sale of beer and wine for on-premises
consumption in a proposed restaurant with outdoor dining is properly one for which a conditional use permit
is authorized by Anaheim Municipal Code Section Nos. 18.08.030.010 and 18.66.040.020.0204.
2. That the Anaheim Police Department has submitted a memorandum indicating that the
proposed restaurant is located within Reporting District 2128, which has a crime rate of 106% above average
the City average; however, the districts surrounding Reporting District 2128 have crime rates ranging from
78% below average to 35% above average; that the proposed restaurant is not in close proximity to
residential uses; that the restaurant is only in close proximity to industrial, commercial, and professional
office land uses; and that the Anaheim Police Department's recommendations for conditions of approval
would restrict the manner in which beer and wine would be served, and therefore, would reduce the potential
for an increase in crime to occur on the property;
3. That the proposed use will not adversely affect the adjoining and nearby commercial and
industrial land uses or the growth and development of the area in which it is proposed to be located;
4. 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;
5. 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;
6. 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.
7. That nobody indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
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 ("ABC") and approved by the City of Anaheim.
3. That food service with a full meal shall be available from opening time until either 10 p.m. or
closing time, whichever occurs first, on each day of operation.
4. That there shall be no pool tables maintained on the premises at any time.
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• •
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 premises' as defined in Section 23039 of
California Business and Professions Code.
6. That the sale of alcoholic beverages 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 alcoholic beverages 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.
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 sales of alcoholic beverages for consumption off the premises shall be prohibited.
9. That the activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
10. 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 alcoholic beverages.
11. That the sales, service, and consumption of alcoholic beverages shall be permitted only
between the hours of 10:30 a.m. to 10 p.m.
12. That there shall be no admission fee, cover charge, nor minimum purchase required.
13. 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
illuminated the windows of nearby businesses.
14. 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.
15. That at all times that entertainment or dancing is permitted, security measures shall be
provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of
employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles,
and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving
the premises.
16. That all doors serving subject restaurant shall conform to the requirements of the Uniform
Fire Code and shall be kept closed at all times during the operation of the premises except for
ingress/egress, permit deliveries and in cases of emergency.
17. That there shall be no public telephones on the property that are located outside the building
and within the control of the applicant.
18. 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.
19. That any security officers provided 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 Profession Code (Section 4.16.070 Anaheim Municipal Code).
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20. That the applicant shall apply for and obtain approval of a Public Convenience or Necessity
permit through the State Department of Alcoholic Beverage Control ("ABC").
21. That the proposed outdoor seating and dining area shall comply with the provisions of Code
Section No. 18.38.220. Said information shall be specifically shown on plans submitted for building permits.
22. That all outdoor seating and dining furnishings, including umbrellas, shall not contain
advertising or depict any product name, logo, trademark, or similar identification or advertising display.
23. That the outdoor dining area shall be entirely enclosed by decorative wrought iron fence that
physically separate the outdoor dining area from other open or public area. Said wrought iron fence shall
match those used for other outdoor dining areas in the commercial center. Said information shall be
specifically shown on plans submitted for building permits.
24. [Added at the public hearing] That plans shall be submitted to the Planning Services
Department indicating landscaping and/or potted plants and trees around the perimeter of the outdoor dining
area. Said information shall be specifically shown on plans submitted for building permits.
25. 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.
26. 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. 23, 24, and 25, above-mentioned,
shall be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.60.170 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.
27. That the approval of this application constitutions 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 no include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of May
25, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -
General" of the Anaheim Municipal Code pertaining to appeal procedures d may be replaced by a City
Council Resolution in the event of an appeal.
5~13~/0~ ~.~
DATE ANAHEIM ZONING ADMINISTRATOR
ATTEST:
c-
i
S NIOR ARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on
May 25, 2006.
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
-C 2006.
~'
SENIO S ETARY, ANAHEIM ZONING ADMINISTRATOR
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