Resolution-ZA 2004-04• •
DECISION NO. ZA 2004-4
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT N0.2003-04818
OWNER: Whitestar Group
1020 North Batavia Street, Suite B
Orange, CA 92867
AGENT: Roy Furito
1220 Date Street
Montebello, CA 90640-6319
LOCATION: 2821 East White Star Avenue - Unit H and J (Ricas Restaurant)
CEQA STATUS: Categorically Exempt, Class 1 (Existing Facilities)
HEARING DATE: January 22, 2004
OPPOSITION: No one indicated their presence at the public hearing in opposition to the request, and
no correspondence was received in opposition.
REQUEST: Approval of a conditional use permit under authority of Code Sections 18.12.050.010
and 18.110.050.050.0533 to permit and retain the expansion of an existing fast-food
restaurant with beer and wine sales for on-premises consumption in an industrial
complex in Development Area 1 (Industrial Area) of the Northeast Area Specific Plan
No. SP 94-1.
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
petition, pursuant to Anaheim Municipal Code Section 18.12.020 (Description and Purpose), and a public
hearing having been duly noticed for and held on the date set forth above, I do hereby find, pursuant to
the subsection 18.03.030.030 (pertaining to `Required Showings' for conditional use permits) of the
Anaheim Municipal Code:
1. That the on-premises sale of beer and wine in an expanded fast food restaurant is properly
a use 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 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.
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.
6. That no one indicated their presence at the public hearing in opposition to the proposal,
and no correspondence was received in opposition.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2003-04818, subject to the following conditions:
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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 no bar or lounge area shall be permitted on the property unless licensed by the State of
California Department of Alcoholic Beverage Control and approved by the City of Anaheim.
3. That food service with full meals shall be available from opening time until either 7:00 p.m. or closing
time,. whichever occurs first, on each day of operation.
4. That no pool tables shall be maintained upon the premises at any time.
5. That subject beer grid 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.
6. That the 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 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 no live entertainment, amplified music or dancing shall be permitted on the premises at any
time without the prior issuance of proper permits as required by the Anaheim Municipal Code.
8. That the sale of beer and wine for consumption off the premises shall be prohibited.
9. That there shall be no exterior advertising of any kind or type, promoting or indicating the availability
of beer and wine, including advertising directed to the exterior from inside the building.
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 beer and wine shall be permitted only between the hours of
10:00 a.m. to 7:00 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 any nearby residences.
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 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.
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/egress, to permit deliveries and in cases of emergency.
15. That no public telephones on the premises shall be permitted to be 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.
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17. That the proposal shall comply with all signing requirements of Development Area 1 (Industrial. Area)
of the Northeast Area Specific Plan No. 94-1 unless a variance allowing sign waivers is approved by
the Planning Commission or City Council
18. That the 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.
19. Proposed Condition No. 19 was intentionally deleted on January 29, 2004.
20. 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.
21. That within a period of three (3) months from the date of this decision, Condition Nos. 18 and 20,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 (Time. Limit for Amendments, Conditional Use
Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim
.Municipal Code.
22. 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 29th day of January 2004.
G~~Z~~~
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: January 29, 2004 ~~- (M~~ ~` ~` ' '" ~ ~ S ~-(~
Danielle C. Masciel, Word Processing Operator
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