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Resolution-ZA 2003-13C DECISION NO. ZA 2003-13 • A DECISION OF THE ZONING ADMINISTRATOR APPROVING CONDITIONAL USE PERMIT NO. 2003-04676 OWNER: Buena Park Sterik Auburndale Properties 2951 28th Street, Suite 2050 Los Angeles, CA 90405 AGENT: Li Chen 2808 Crystal Ridge Road Diamond Bar, CA 91765 LOCATION: 117 North Beach Boulevard HEARING DATE: April 17, 2003 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 18.44.050.010 to permit the sale of beer and wine for on-premises consumption in a proposed restaurant in an existing commercial retail center in the CL (Commercial, Limited) Zone with the following waiver: Sections 18.06.050.020.022 - Minimum number of parking spaces. 18.06.050.020.023.0231 (745 spaces required; 18.06.050.020.023.0233 494 spaces proposed and concurred with by the City Traffic and 18.06.080 Transportation Manager) 18.12.060.110 and 18.44.066.050 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 parking waiver, as approved herein, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of the use based on the findings contained in the parking study submitted by the petitioner and described in paragraphs 14 and 15 of the Staff Report to the Zoning Administrator dated April 17, 2003; and that the City Traffic and Transportation Manager has reviewed the study and concurs that there is an adequate supply of parking spaces for the proposed restaurant in an existing commercial retail center. 2. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. 3. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. 4. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. ZA2003-013.doc - 1 of 4 - ZA 2003-13 • 5. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 6. 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. 7. That the size and shape of the site for the proposed use is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 8. 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. 9. 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 beer and wine for on-premises consumption in a proposed restaurant in an existing commercial retail with waiver of minimum number of parking spaces on a rectangularly-shaped 8.3-acre property located at the northwest corner of Beach Boulevard and Lincoln Avenue, having frontages of 610 feet on the north side of Lincoln Avenue and 610 feet on the west side of Beach Boulevard, and further described as 117 North Beach Boulevard (proposed Grand Buffet Restaurant); and does hereby approve the Negative Declaration upon finding that she has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional Use Permit No. 2003-04676, subject to the following conditions: 1. That the landscaping planters shall be permanently maintained with live and healthy plants. 2. 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. 3. That all doors serving the restaurant shall conform to Uniform Fire Code requirements, and shall be kept closed at all times during operation of the premises except for ingress and egress, deliveries and emergencies. 4. That all existing and proposed roof-mounted equipment shall be completely screened from view in all directions by properly designed and maintained design elements of the building. Said information shall be specifically shown on plans submitted for Zoning Division approval. 5. That this establishment shall be operated as a "bona fide public eating place" as defined by Section 23038 of the California Business and Professions Code. 6. That food service with full meals shall be available from opening time until closing time, on each day of operation. 7. That there shall be no pool tables, vending machines or arcade devices maintained upon the premises at any time. 8. That subject alcoholic beverage (i.e., beer and wine) 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. ZA2003-013.doc - 2 of 4 - ZA 2003-13 • • 9. That the gross 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 applicant shalt maintain records on a quarterly basis showing the separate amounts of sales of beer and wine, and other items. These records shall be made available for inspection by any City of Anaheim official during reasonable business hours. 10. 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. 11. That the sale of beer and wine for off-premises consumption shall be prohibited. 12. 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 beer and wine. 13. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 14. 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, including the mobile home parks to the north and west. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 15. 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. 16. That there shall be no public telephones on the premises which are located outside the building. 17. That the proposal shall comply with all signing requirements of the CL (Commercial, Limited) Zone in which this property is located. Any new signse shall be subject to review and approval by the Zoning Division. 18. That no advertising or identification of any type what-so-ever shall be permitted on any outdoor furniture or equipment including umbrellas, by illustration, text or any other means of visual communication. 19. 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) hours from time of occurrence. 20. That four (4) foot high address numbers shall be displayed on the flat area of the building roof in a contrasting color to the roof material, provided that the numbers shall not be visible to the street or adjacent properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 21. That trash storage area{s) 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. 22. That the legal owner of the subject property shall submit a letter requesting termination of Conditional Use Permit No. 114 (which permits operation of a miniature golf course) to the Zoning Division. 23. That the hours of operation shall be limited to 10:30 a.m. to 10 p.m., daily. ZA2003-013.doc - 3 of 4 - ZA 2003-13 • • 24. That granting this parking waiver is contingent upon operation of the proposed use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 25. That on-site `banquets' shall only be conducted as an incidental and occasional activity in conjunction with this enclosed restaurant, as specified in subsection 18.44.030.020 (Permitted Accessory Uses and Structures) of the Anaheim Municipal Code. Use of these restaurant premises for primary banquet activities shall require submittal of a conditional use permit application with a parking waiver for consideration and approval by the Planning Commission at a noticed public hearing. Submittal of the parking waiver shall be as specified in Section 18.06.080 (Variances from Provisions of Chapter) of the Anaheim Municipal Code. 26. 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. 27. That prior to commencement of the activity authorized by this decision, or prior to issuance of a building permit, or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 4, 14, 20, 21 and 22, 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. 28. That approval of this 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 Federa{ 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 24t" day of April, 2003. 1/!/Ir!~l%(~~ 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 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: April 24, 2003 ,( anielle C. Ma iel, rd Processing Operator ZA2003-013.doc - 4 of 4 - ZA 2003-13