Resolution-ZA 2003-19• •
DECISION NO. ZA 2003-19
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2003-04699
OWNER: Bayport Imperial
3090 Pullman Street
Costa Mesa, CA 92626
AGENT: Victor Topete
20121 East Limecrest Drive
Covina, CA 91724
LOCATION: 5675 East La Palma Avenue, Suite 195 (on property consisting of 4.4 acres located north
and west of the northwest corner of La Palma Avenue and Imperial Highway)
CEQA STATUS: Categorically Exempt, Class 1
HEARING DATE: May 29, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal, and
that no correspondence in opposition was received.
REQUEST: Approval of a conditional use permit to permit on-premises sale and consumption of beer
and wine in a proposed restaurant in an existing commercial retail center in Development
Area 5 (Commercial Area) of the Northeast Area Specific Plan No. SP 94-1 in the Scenic
Corridor Zone Overlay (`SP 94-1(SC)').
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
petition, pursuant to Anaheim Municipal Code Sections 18.12.020 and 18.12.030, 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
18.03.030.030 through 18.03.030.035 (Conditional Use Permits - General) 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 under authority of Code Sections 18.12.050.010 and 18.110.100.050.0501 to permit on-
premises sale and consumption of beer and wine in a proposed restaurant in an existing commercial retail
center in Development Area 5 (Commercial Area) of the Northeast Area Specific Plan No. SP 94-1 in the
Scenic Corridor Zone Overlay.
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 located.
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 because of this proposal's proximity to existing commercial uses and to two
arterial highways (La Palma Avenue which is designated a 'Primary Arterial Highway' and Imperial Highway
which is designated a 'Major Arterial Highway').
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.
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.
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Based on the evidence and testimony presented, both written and verbal, I do hereby determine to approve
Conditional Use Permit No. 2003-04699, subject to the following conditions:
1. That the landscape 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/egress, deliveries and emergencies.
4. That all existing and proposed roof-mounted equipment shall comply with Section 18.84.062 ('Site
Development Standards' in the Scenic Corridor (SC) Zone Overlay). 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 consisting of full meals shall be available from opening time until closing time on each
day of this restaurant's operation.
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.
9. That the gross sale of alcoholic beverages (i.e., beer and wine) at this restaurant shall not exceed forty
percent (40%) of gross sales of all retail sales during any three (3) month period. The applicant shall
maintain records on a quarterly basis specifying the separate amounts of sales of alcohol (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 the proper permits having first been issued as required by the Anaheim Municipal Code.
11. That the sale of alcoholic beverages (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
of the building from inside the restaurant, promoting or indicating the availability of alcoholic beverages
(beer and wine).
13. That the activities occurring in conjunction with the operation of this restaurant 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. 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 California 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.
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16. That there shall be no public telephones (within control of the applicant) on the premises which are located
outside the building.
17. That the proposal shall comply with all sign standards for Development Area 5 (Commercial Area} of the
Northeast Area Specific Plan in the Scenic Corridor Zone Overlay (`SP 94-1(SC)'), in which zone this
property is located. Any proposed new signs shall be submitted to the Zoning Division for review and
approval.
18. That no advertising or identification of any type 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 address 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, as stipulated by the petitioner, the hours of operation shall be limited to 11 a.m. to 9 p.m., daily.
22. 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 (site plan) and 2 (floor plan), and as conditioned herein.
23. That prior to commencement of the activity authorized by this decision (i.e., the sale of beer and wine
for on-premises consumption in a new restaurant), or prior to final building and zoning inspections, or
within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 14,
20 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.
24. 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 5th day of June, 2003.
CL~, ~'L - C~CLG
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: June 5, 2003
ielle C. M el, W rd Processing Operator
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