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Resolution-ZA 2003-02 DECISION NO. ZA 2003-02 A DECISION OF THE ZONING ADMINISTRATOR APPROVING CONDITIONAL USE PERMIT N0.2002-04644 OWNER: Amana Corporation Jack Nussry 8383 Wilshire Boulevard, Ste. 532 Beverly Hills, CA 90211 AGENT: Steven Le 5636 East Palma Avenue, Ste. E 8 G Anaheim, CA 92807 LOCATION: 5636 East La Palma Avenue; Units E and G CEQA STATUS: CEQA Categorically Exempt, Class 1 HEARING DATE: January 9, 2003 OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no correspondence was received in opposition. REQUEST: Petitioner requests approval of a conditional use permit under authority of Code Sections 18.12.050.010 and 18.110.100.050.0501 to permit the sale of beer and wine for on-premises consumption in conjunction with an existing full-service restaurant in a commercial retail center located in Development Area 5 (Commercial Area) of the Northeast Area Specific Plan (SP94-1) and in the Scenic Corridor (SC) Zone Overlay. 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 existing restaurant (Bo V~ng Bistro) is located in, a commercial retail center, that no expansion to the existing full-service restaurant is proposed; that the property is located in the Alpha Northeast Redevelopment Project Area; and that the Land Use Element of the Anaheim General Plan designates the property for General Commercial land uses. 2. The Anaheim Police Department has submitted a letter, dated December 6, 2002 indicating that the restaurant is located within Reporting District 1239., which has a crime rate of 22% above the City average, however, the districts surrounding Reporting District 1239 have crime rates ranging from 55% to 87% below average; that from December 2001 through December 2002 there were no calls for service to Suites E through G in this commercial retail center; but due to the high crime rate in the underlying Reporting District, the applicant will be required to apply for a Public Convenience or Necessity permit through the State Departmentof Alcoholic Beverage Control ("ABC"). 3. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. 4. 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.. Cup2002-04644.doc - 1 of 3 - ZA 2003-02" 5. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal ih a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 6. Thaf 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. 7. 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. Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional Use Permit No.2002-04644, subject to the following conditions: 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 10:00 p:m. or closing time, whichever occurs first, on each day of operation.. 4. That there shall be no pool tables maintained upon the premises at any time. 5. That subject alcoholic beverage license shall not be exchanged for a'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. 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 Gode. 8. That the sale of alcoholic beverages 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 within, promoting or indicating the availability of alcohol beverages. 10. That the 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 alcoholic beverages shall be permitted only between the hours of 10:00 a.m. to 9:00 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 businesses. , Cup2002-04644.doc - 2 of 3 - ZA 2003-02' 13. 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 sol(cit 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. 14. 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 and egress, to permit deliveries, and in cases of emergency. 15. That there shall be no public telephones on the premises which are located outside the building. 16. 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. 17. That the proposal shall comply with all signing requirements of Development Area 5 (Commercial Area) of the Northeast Area Specific Plan (SP 94-1) and the Scenic Corridor (SC) Zone Overlay unless a variance allowing such waivers is approved by the Planning Commission or City Council. 18. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anahelm by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2; .and as conditioned herein. 19. 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°). 20. That prior to commencement of the activity herein approved or within a period of one (1) year from the date of this decision, whicheveroccurs first, Condition No. 19, above-mentioned, shall be complied with. Extensions for further 6me to complete said conditions maybe 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. 21. 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 16th day of January 2003.. ~~~~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 days 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: January 16, 2003 S // . _ ^ PatriUcia Koral, r. Processing Operator Cup2002-04644.doc - 3 of 3 - ZA 2003-02'