Resolution-ZA 2001-05•
•
DECISION NO. ZA2001-5
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT N0.2001-04321
OWNERS: Paul T. and Lisa L. Kott, Trustees
1225 W. Lincoln Avenue
Anaheim, CA 92805
AGENT: Maria R. Ashby
16148 Sand Canyon Avenue
Irvine, CA 92618
LOCATION: 1201 West Lincoln Avenue
HEARING DATE: February 8, 2001
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 18.45.050.010 to permit the sale of alcoholic beverages
for on-premises consumption in an existing restaurant.
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 proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. 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 because the previous restaurant which
occupied this tenant space served beer and wine with sit-down meals without any adverse impact.
3. 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.
4. 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 because this tenant space
was previously occupied by a restaurant.
5. 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 alcoholic beverages for on-premises consumption in an
existing restaurant on arectangularly-shaped 0.24-acre property located at the northwest corner of
Lincoln Avenue and Carleton Avenue, having frontages of 100 feet on the north side of Lincoln Avenue
and 105 feet on the west side of Carleton Avenue, and further described as 1201 West Lincoln Avenue
(former EI Nopal Restaurant); and that the Planning Director or his authorized representative has
determined that the proposed project is Categorically Exempt, Class 1, under the State of California
Environmental Quality Act Guidelines.
c2001-04321.doc - 1 of 4 - ZA2001-5
•
•
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2001-04321, subject to the following conditions:
1. That subject restaurant shall continuously adhere to the following conditions, as required by the
Anaheim Police Department:
a. That the establishment shall be operated as a "bona fide public eating place" as defined by
Section 23038 of the Califomia Business and Professions Code.
b. That this conditional use permit (regarding the sale of alcoholic beverages) shall expire one
(1) year from the date of this decision unless a valid license has been issued by the California
Department of Alcoholic Beverage Control (ABC).
c. That food service with a full meal shall be available from opening time until either 10:00 p.m.
or closing time, whichever occurs first, on each day of operation.
d. That there shall be no pool tables maintained upon the premises at any time.
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 the California Business and Professions Code.
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.
That there shall be no live entertainment, amplified music or dancing perrnitted on the
premises at any time without the prior issuance of proper permits as required by the Anaheim
Municipal Code.
That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
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 alcohol beverages, with
the exception of one (1) sign indicating "cocktails."
j. That the activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
k. 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.
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.
m. That all doors serving subject restaurant shall conform to the requirements of the Uniform
Fire Code and shall be kept Gosed and unlocked at all times during regular hours of
operation except for ingress and egress, to permit deliveries and in cases of emergency.
c2001-04321.doc - 2 of 4 - ZA2001-5
•
•
•
n. That there shall be no public telephones on the premises located outside the building.
o. That at all times when 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 to promote the safe and orcJerly assembly and
movement of persons and vehiGes, and to prevent disturbance to the nearby residential
neighbofiood by excessive noise created by patrons entering or leaving the premises.
2. That a three (3) foot wide landscape planter with trees, shrubs and groundcover shall be provided
on the south side of the restaurant building within the front setback area adjacent to Lincoln
Avenue. A landscaping plan for the entire site shall be submitted to the Zoning Division of the
Planning Department specifying the type, size, and location of all proposed landscaping, including
the provision of trees, shrubs, and groundcover in the southwesterly planter between the parking lot
and Lincoln Avenue, for review and approval by the Zoning Division. Any decision made by the
Zoning Division regarding said plan may be appealed to the Zoning Administrator. Once approved,
the landscaping shall be installed and maintained in accordance with the plan.
3. That no sign advertising for this restaurant shall be lighted between the hours of midnight and 6:30
a.m., seven (~ days a week.
4. That all air conditioning equipment, and all other roof and ground-mounted mechanical equipment,
shall be properly shielded from view and the sound-buffered from adjacent residential properties in
accordance with Municipal Code requirements. Such information shall be specifically shown on the
plans submitted for building permits.
5. That the proposal shall comply with all signing requirements of the CG (Commercial, General) Zone
(except for the existing non-conforming roof sign) unless a variance allowing sign waivers is
approved by the Planning Commission or City Council.
6. That trash storage areas 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.
7. Recommended Condition No. 7 was deleted because staff indicated that the city will be installing
street trees in the future.
8. That, as stipulated by the petitioner, the hours of operation for this restaurant shall be limited to:
Sunday through Thursday: 8 a.m. to 10 p.m.
Friday and Saturday: 8 a.m. to 11 p.m.
9. That all mature landscaping shall be maintained and immediately replaced in the event that it
becomes diseased or dies. All landscaped planters shall be permanently maintained with live and
healthy plant materials.
10. 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.
11. 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, 2, 3 and 4, and as conditioned herein.
c2001-04321.doc - 3 of 4 - ZA2001-5
•
12. That prior to commencement of the adivity authorized by this decision or within a period of one (1)
year from the date of this decision, whichever occurs first, Condition Nos. 2, 4, 6 and 11, 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. 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.
13. 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 15th day of February, 2001.
,~ - a~
`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 deGare 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 forvvard
a copy to the City Clerk. ^
f i
DATE: February 15, 2001 -
Patricia Koral, Sr. Wor rocessing Operator
c2001-04321.doc - 4 of 4 - ZA2001-5