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Resolution-ZA 2004-34• • DECISION NO. ZA 2004-34 A DECISION OF THE ZONING ADMINISTRATOR APPROVING CONDITIONAL USE PERMIT N0.2004-04901 OWNER: Guillermo M. Aguirre 415 North Sunkist Street Anaheim, CA 92806 LOCATION: 1920 East Center Street CEQA STATUS: Categorically Exempt, Class 1 HEARING DATE: September 30, 2004 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 Section 18.08.030.040.0402 to establish-the sale of beer and wine for on-premises consumption at a new restaurant in the C-G (General Commercial) zone. Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced petition pursuant to Anaheim Municipal Code Section 18.60.020 (Establishment of Zoning Administrator Position), and a public hearing having been duly noticed for and held on the date set forth above, I do hereby find pursuant to Section 18.66.030 (Findings} of the Anaheim Municipal Coder 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, as conditioned herein, will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. 3. That the size and. shape of the site for the proposed use, as conditioned herein, is adequate to allow full development of'the: proposed .use in a manner not detrimental to the particular area noc to the health and safety. 4. That the traffic generated by the proposed use, as conditioned herein, 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. Based on the evidence and testimony presented to me, I do hereby approve Conditional Use Permit No. 2004-04901, 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. sha11 be no bar or lounge area 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 10:00 p.m. 4. That there shall be no pool tables maintained upon the premises at any time. ZA2004-34.doc - 1 'of 5 - ZA 2004-34 • • 5, That subject beer and wine license shall not be exchanged for a public premises (bar)-type license nor shall the establishment be operated as a "public premise" 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 petitioner 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; and subject to audit, 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 anytime without the proper permits having first been issued 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, including advertising directed to the exteriorfrom inside the building, promoting or indicating the availability of beer and wine. 10. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 11. That safes, service and consumption of beer and wine shall be permitted only between the hours of 10:00 a.m. to 10:00 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 residences. 13. That all exterior doors shall have their.own light source, which shall adequately illuminate door areas at all hours to make clearly visikile the presence of any person on or about the premises and provide adequate illumination for persons. exiting the building. 14. 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 he licensed premises under any commission, percentage, salary; or other profit-sharing plan, scheme or conspiracy.. 15. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at ail times during hours of operation except for ingress/egress, to permit deliveries, and in cases of emergency. 16. That there shall be no public#elephones on the premises which are located outside the building. 17. That ariy and all security officers provided for the approved business shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Professions Code and Section 4.16.070 (Policing): of the Anaheim Municipal Code. 18. That no "happy hour"-type of reduced prices for beer and wine promotions shall be allowed. 19. > That petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a_door charge, cover charge, or any other form of admission charge, including minimum drink order, or the sale of beer and wine. ZA2004-34.doc - 2 of 5 - ZA 2004-34 • • 20. That aBurglar/Robbery Alarm permit application; Form APD 515, shall be obtained from the Anaheim Police Department. 21. That a Fire Emergency Listing Card, Form APD-281, shall be obtained from the Anaheim Police Department. - 22. That rooftop address numbers be provided for visibility to the police helicopter. The a minimum number/letter size shall four (4) feet in height and two (2) feet in width. The lines of the numbers/letters shall be a minimum of six(6) inches thick and shall be spaced twelve (12) to eighteen (18) inches part. Numbers/letters shall be painted or constructed in a contrasting color to .the roofing material. Numbers/letters shall face the street on which the structure is addressed. Such numbers/letters should not be visible from ground level. 23. That a "No Trespassing 602(k) P.C." sign shall be posted at both entrances to the parking lot. Such signs shall be at least two (2) feet by one (1) foot in overall size, with a white background and black two (2) nigh inch lettering. 24. That all entrances to the parking lotshall be posted with appropriate signs in accordance with Section 22658(a), C.V.C., to assist in removal of vehicles at the property owner's/manager's request. 25. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department for review;and approval. 26. That an on-site trash truck turnaround shall, be provided and maintained in conformance with Standard Engineering Plan No. 476.., Said turnaround area shall be specifically. shown on plans submitted to the Streets and Sanitation Division of the Public Works Department. 27. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance: with approved plans on file with said pepartment. Said trash storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3)-foot centers or tall shrubbery. Said information -shall be specifically shown on the plans submitted for building permits. 28. That an unsubordinated restricted covenant providing reciprocal access and parking for both 1925 East Lincoln Avenue and 1920 East Center Street, approved by the City Traffic and Transportation Manager and Zoning Division and in a form satisfactory to the City Attorney, shall be recorded with the Office of he Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Zoning Division. In .addition, provisions. shall be made in the covenant to guarantee that-the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicle circulation, signage, maintenance, land usage and architectural control, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. 29. That in accordance with Sections 18.38.160 (Mechanical and Utility Equipment -Ground Mounted) and 18.38.170 (Mechanical and Utility'Equipment -.Roof Mounted) of the Anaheim Zoning Code, all air conditioning facilities and other roof and ground-mounted equipment shall be properly screened from view by enclosures thaf are architecturally. compatible with the building. Said information shall be specifically shown on plans submitted to the,Planning Department for review and approval. 30. That no trucks shall be parked or stored anywhere. on the subject property for the purpose of advertising. ZA2004-34.doc - 3 of 5 - ZA 2004-34 • • 31. That a valid business license shall be obtained from the Business License Division of the City of Anaheim Planning Department. 32: That'the property owher shall reduce the height of the existing six (6) foot high block walls adjacent to both Lincoln Avenue and Center Street to a maximum height of three (3) feet, in accordance with Engineering Standard Plan No. 115-A. And that a plan showing said reduced block wall height shall be submitted to the City Traffic and Transportation Manager and the Planning Services Division for review and approval. 33. That gates shall not be installed across any driveway in a manner that may adversely affect vehicle ..traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 34. 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. 35. 'That the property owner shall submit a letter to the Planning Services Division requesting termination of Conditional Use Permit No. 3316 (to permit aday-care center for 70 children with waiver of maximum fence height).:. 36. That no portable signs shall be utilized to :advertise any ,activities on the subject site 37. That no vending machines, which are visble,from the public rights-of-way, shall be permitted on the property. _ . 38. .That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of,Engineering Plan Nos. 436-G, 470 and 473 pertaining to'parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with the approved plans. 39. 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), 2 (Floor/Equipment/Tile Plan) and 3 (Sign Plan), as conditioned herein 40, That prior to commencement of the activity. herein approved, or prior to issuance of a building permit, or within a period of six (6) months from the date of this Decision, whichever occurs first, Condition Nos. 12, 16, 22, 25,.26,27; 28, 31, 33,..35, 38 and 39, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.160 (Establishment of Use or Structure) of the Anaheim Municipa{ Code 41. That prior to commencement of the` activity herein approved or prior. to issuance of a certificate of occupancy by the City of Anaheim Building Division., whichever occurs first, Condition Nos. 13, 20, 21, 23, 24, 29, 32, 33, 35, 38 and 39, above-mentioned, shall be complied with. 42. That approval of this conditional use permit 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. ZA2004-34.doc ~ -/4 of 5 - ZA 2004-34 • This decision is made, signed, and entered into the file this 7th day of September 2004. L~~ l~ 2~~ 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: October 7, 2004 ~ ~' w 1 f P~1/~ d ~ - ~.'~i~ Gc~O E.,( ~-1 Danielle C. Masciel, Word Processing Operator ZA2004-34.doc - 5 of 5 - ZA 2004-34 City of Anaheim PLANNING DEPARTMENT www.anaheim.net October 20,.2004 Lederer -Anaheim Ltd. 1990 Westwood Boulevard; #3RD Los Angeles, CA 90025 Manual Gomez, Vice President Anaheim Cinco de Mayo Fiesta P.O. Box 9742 Anaheim, CA 92812 • Re: Request for Special Everit Permit with Special Circumstances Waiver No 2004-27 -DENIED On October 14, 2004, the Zoning Administrator, Annika M. Santalahti, considered your request for a Special Event Permit with Special Circumstances Waiver regarding the hours of the event, to hold a public dance on Saturday, October 30, 2004, from 5 p.m. to 12 midnight, in the parking lot of the Anaheim Indoor Marketplace located at 1440 South Anaheim Boulevard. The Zoning Administrator is required to deny a special event permit unless it is determined that all applicable provisions of the law and of the Anaheim Municipal Code will be complied with and that the granting of the permit will not be detrimental to the public health or safety. Furthermore, a special circumstances waiver requires that the Zoning Administrator find and determine that the waiver would serve the public interest, safety or general welfare or that extraordinary circumstances are present. Your request for a Special Event Permit with Special Circumstances Waiver is hereby DENIED on the following grounds: (1) the event, as proposed, is not in compliance with applicable city and zoning laws and would be detrimental to public health and safety; and (2) a special circumstances waiver would not serve the public interest, safety or general welfare and extraordinary circumstances have not been shown by the applicant. (Anaheim Municipal Code Section 18.62.050) The facts underlying this DENIAL are as follows: 1. The property located at,1440 South Anaheim Boulevard is currently developed with a 133,200 square foot commercial/industrial building which has been modified for use as an indoor swap meet facility with accessory outdoor uses in the C-G (General Commercial) Zone. 2. The applicant has requested a Special Event Permit with Special Circumstances Waiver regarding the hours of the event, to hold a public dance on Saturday, October 30, 2004, from 5:00 p.m. to 12:00 midnight, in the parking lot of the Anaheim Market Place. 3. Section 18.62.050 of the Anaheim Municipal Code provides in part that no person, business, or organization shall conduct a special event without having first obtained a [special event) permit. 4. A "special event" as defined in the Anaheim Municipal Code is any event sponsored by a business, shopping center, or organization, which is held outside the confines of a building, whether or not a fee or admission is charged for such event. (Anaheim Municipal Code Section 18.92.220) A special event is only allowed as a promotional event for the business, located on the same property, or as a fundraiser for a school or other charitable non-profit organization. (Anaheim Municipal Code subsections 98.38.240.010 and 18.62.050.010) The regulations for the conduct of a special event are contained in subsection 18.38.240.030 of the Anaheim Municipal Code. 5. On or about October 1.2, 2004, a letter was submitted by Mr. Manua{ Gomez, representing Anaheim Cinco de Mayo Fiesta, describing the proposed event. Additionally, a site 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 1 of 2 SCw2004-00027 TEL (714) 765-5139 • • .plan was submitted illustrating where the event is proposed in the parking lot. The event, an outdoor public dance, is intended to be a fund raiser for Anaheim Cinco de Mayo Fiesta, a non- profit organization. The event, as proposed, would take place from 5 p.m. to 12 midnight on the day before Halloween, and is to include the following: • A twenty-five dollar admission fee from patrons for entry to the event; • Live entertainment consisting of amplified music with live groups and DJs; • 20-foot by 40-foot stage; • Alcoholic beverage sales and consumption; • Food booths and a bar; • Perimeter 5-foot high chain link fencing enclosing the event area, which would be located adjacent to Cerritos Avenue in the southeast corner of the property; and • Security as needed. 6. Subsection 18.38.240.030.0308 of the Anaheim Municipal Code specifies that the conduct of a special event shall be confined to the hours when the business establishment or shopping center is normally open for business, and that in no event shall the special event be operated before 7:00 a.m. or after 10:00 p.m. 7. Subsection 6.72.020.040 of the Anaheim Municipal Code further prohibits the use or operation of sound amplification equipment for noncommercial purposes between the hours of 10:00 p.m. and 7:00 a.m. of the following day. 8. The event, as proposed, which is intended to last until midnight with the use of sound amplification equipment, would require approval of a special circumstances waiver. 9. City staff, representing both the Planning and Police Departments, has reviewed the proposed special event, including the special circumstance waiver to allow the event to last until midnight with the use of sound amplification equipment, and recommended denial based on the proposed heavy concentration of people, the proposed late night hours of operation, the use of amplified music, the sale and consumption of alcoholic beverages in a place open to the public, and the possible increase in calls for service due to the nature of the event. 10. The event, as proposed, is not in compliance with all applicable provisions of law and of the Anaheim Municipal Code and the granting of the permit would be detrimental to the public health and safety. Furthermore, there is no basis for approving the special circumstances waiver because approval of the proposed waiver would not serve the public interest, safety or general welfare, nor are there any extraordinary circumstances present to justify approving such waiver. Under authority of subsection 18.62.050.060 of the Anaheim Municipal Code, and based on the above-findings including the Staff Report and the testimony given at the public meeting on October 14, 2004, the Zoning Administrator hereby DENIED the Special Event Permit with Special Circumstances Waiver No. 2004-00027 for the herein described special event. 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 10 davs of the date of this letter or unless members of the City Council shall request to review this decision within said 10 days. Sincerely, o r ~t-- ~r ~Cfoc~ Danielle C. Masciel, Word Processing Operator Anaheim City Zoning Administration scw2004-00027.doc 2 of 2 scw2004-00027