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Minutes-ZA 2007/04/26• ANAH E I M ZONING ADMINISTRATOR ACTION AGENDA THURSDAY, APRIL 26, 2007 9:30 A.M. Plan-Check Conference Room, City Hall East 200 South Anaheim Boulevard, Anaheim, California STAFF PRESENT: William Sell, Acting Zoning Administrator David See, Senior Planner Mark Gordon, Deputy City Attorney Sandip Budhia, Associate Engineer Elaine Thienprasiddhi, Associate Planner Pa~-~Charadler, Senior Secretary ~- AGENDA POSTING: A complete copy of the Zoning Administrator Agenda was posted at 5:15 p.m. on April 20r 2007 inside the display case located in the foyer of the Council Chambers, and also in the outside display kiosk. PUBLIC HEARING ITEMS PUBLIC COMMENTS ADJOURNMENT H:\docs\zoningadmin\agendas\acza042607.doc zoninaadmin istrator ~ anaheim. net • APRIL 26, 2007 ZONING ADMINISTRATOR ACTION AGENDA 1. ITEMS OF PUBLIC INTEREST: None PUBLIC HEARINGS: 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 2b. CONDITIONAL USE PERMIT N0.2007-05197 Concurred with staff Approved OWNER: Central Park Partners, LLC 8618 Haskell Avenue North Hills, CA 91343-5811 15 day appeal period AGENT: Juan Nava 1416 West Central Park Avenue Anaheim, CA 92802 LOCATION: 1416 West Central Park Avenue: Property is approximately 0.36-acre, having frontages of 124 feet on the south side of North Central Park Avenue and 129 feet on the west side of East Central Park Avenue, and is located at the southwest corner of North Central Park Avenue and East Central Park Avenue (California Baja Restaurant). Request to permit the on-premises sale and consumption of beer and wine in an existing full service restaurant. ZONING ADMINISTRATOR RESOLUTION NO. ZA2007-01 Project Planner: (ethien ~ anaheim.net) S rC U P2007-Q5197et. d oc William Sell, Acting Zoning Administrator, opened the public hearing. David See, Senior Planner, introduced Item No. 2 and described Conditional Use Permit No. 2007-05197 as a request to permit the on-premises sale and consumption of beer and wine in an existing full service restaurant. He added a condition at the public hearing pertaining to the trash storage area(s) which should be maintained in accordance with approved plans on file with the Planning Department. THE PUBLIC HEARING WAS OPENED. Applicant's Testimony: Juan Nava, 1416 North Central Park Avenue, Anaheim, CA, stated the reason he is applying for a Conditional Use Permit for the on-premises sale and consumption of beer and wine in an existing full service restaurant is because when he first opened his business everything was going okay until his customers discovered that he did not offer beer and wine. Tom Rizzuti, 1001 South East Street, representing the Anaheim City School District stated that it was not the district's intention to attack the restaurant or put them at an economic disadvantage, but that the school district feared alcoholic beverages, when in close proximity of the schools, heightens a potential risk to the health and safety of the students. Therefore, if the permit is approved they would trust that the owners would diligently endeavor not to sell alcohol to minors and would also monitor the behavior of their patrons. Additionally, they would ask the City to take very seriously the responsibility that allowing Page 2 ACZA042607.DOC • C~ APRIL 26, 2007 ZONING ADMINISTRATOR ACTION AGENDA such a permit entails and hold the applicant to the highest standards in compliance to the conditions of approval and the strictest accountability should they breach their trust. No one else wished to speak and no opposition was received regarding this item. THE PUBLIC HEARING WAS CLOSED. Mr. Sell asked what the school hours were. Mr. Rizzuti responded that school hours were from 7 a.m. to 6 p.m., including after school programs. Also they have double session kindergarten with the morning session ending at 11:30 a.m. and the afternoon session shortly thereafter. Mr. Sell stated the restaurant had a beer and wine license previously, and asked Mr. Rizzuti if the school district noted any problems at anytime. Mr. Rizzuti responded no, they were not able to find any major issues with the prior license. Mr. Sell referred questions to the applicant concerning available parking spaces, an onsite pay telephone and outdoor storage. Mr. Nava responded he has only been there four (4) months but intends to remove any unsightly debris, but that he is not sure how to get rid of the pay telephone. Mr. Sell concurred with staff's recommendations and approved Conditional Use Permit No. 2007-05197, a request to permit the on-premises sale and consumption of beer and wine in an existing full service restaurant, by adopting the attached resolution including the findings and conditions contained therein including the new conditions of approval pertaining to roof equipment, trash storage, and outdoor pay phone. He stated the decision would be written and signed no later than 7 days from the date of the meeting and would be final after the appeal period expires 15 days following the date of the decision. Page 3 ACZA042607. DOC i • APRIL 26, 2007 ZONING ADMINISTRATOR ACTION AGENDA 3a. CEQA CATEGORICAL EXEMPTION -CLASS 11 Request for 3b. VARIANCE NO.2006-04706 continuance to May 10, 2007 OWNER: Spehar Canyon Village, LLC 10502 Grove Oak Drive David Del Sesto Santa Ana, CA 92705 15 day appeal period AGENT: Robert Gonzalez 2820 East Gretta Lane Anaheim, CA 92806 LOCATION: 5735 East La Palma Avenue: Property is approximately 10.9 acres, having frontages of 525 feet on the east side of Imperial Highway and 813 feet on the north side of La Palma Avenue, and is located at the northeast corner of La Palma Avenue and Imperial Highway (CVS). Waiver of maximum letter height to permit a new wall sign on an existing retail building. ZONING ADMINISTRATOR RESOLUTION NO. _ I Project Planner: 1 (skim~anaheim.net) SrVAR2006-04706sk.doc William Sell, Acting Zoning Administrator, opened the public hearing. David See, Senior Planner, introduced Item No. 3. THE PUBLIC HEARING WAS OPENED. Applicant's Testimony: Robert Gonzalez, 2820 East Gretta Lane, Anaheim, CA, representing CVS Pharmacy, requested approval of a waiver of maximum letter height to construct a wall sign with a maximum letter height of 48 inches. Mr. Sell indicated discrepancy with the letter height versus the size of the building and also the letter height in comparison to surrounding businesses. He suggested continuing the meeting in order to allow Mr. Gonzalez time to relay his discrepancies to the CVS agents. Mr. Gonzalez concurred. The meeting was continued to May 10, 2007. Page 4 ACZA042607. DOC