Resolution-ZA 2005-17u
DECISION NO. ZA2005-17
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A DECISION OF THE ZONING ADMINISTRATOR AMENDING
CONDITIONAL USE PERMIT NO. 2003-04724
OWNER: Aoun, Inc.
P.O. Box 308
Buena Park, CA 90621
Attention: Diana Madi
LOCATION: 1734 South Euclid Street
CEQA STATUS: Categorically Exempt, Class 1 (Existing Facilities) -previously approved
HEARING DATE: September 15, 2005
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence was received in opposition.
REQUEST: The applicant requests amendment to this conditional use permit under authority of
Code Section 18.60.190 (Amendment of Permit Approval) and subsection
18.66.040.020 (Zoning Administrator) to permit live entertainment and amplified music
in connection with an existing full-service restaurant with the retail sale of alcoholic
beverages for on-premises consumption.
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 the Sections 18.60.190 (Amendment of Permit Approval) and 18.66.060
(Findings) of the Anaheim Municipal Code:
1. That in August 2003, the Zoning Administrator granted Conditional Use Permit No. 2003-
04724 under Decision No. ZA2003-30 to permit and retain the retail sale of alcoholic beverages for on-
premises consumption in an existing restaurant located in a commercial retail center.
2. That due to adjacent single-family residential dwellings to the north of the subject
restaurant, Condition No. 5 of the afore-mentioned Decision specifies "That no live entertainment,
amplified music or dancing shall be permitted on the premises at any time."
3. That the proposal to amend or delete the afore-mentioned Condition No. 5 to permit live
entertainment and amplified music in an existing full-service restaurant with the retail sale of alcoholic
beverages for on-premises consumption is properly authorized by the Zoning Code.
4. That the use, as amended herein, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located because the existing restaurant is located within
an existing commercial center and operates in a manner consistent with other existing businesses in the
area.
5. That the size and shape of the site for the use, as amended herein, 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.
6. That the traffic generated by the use, as amended herein, will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area.
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7. That amending 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.
8. That the original approval of this conditional use permit occurred less than ten (10) years
prior to this request for amendment
9. That the underlying zoning and the General Plan land use designation for the area in which
the amendment is proposed have not changed significantly since this conditional use permit was
originally approved
10. That no new waivers of code requirements are needed in connection with this amendment.
11. That no substantive changes to the approved site plan are proposed.
12. That no new or substantially greater environmental impacts will result from the use, as
amended herein.
Based on the evidence and testimony presented to me, I do hereby determine to conditionally permit live
entertainment and amplified music in connection with an existing full-service restaurant, and to amend the
conditions of approval adopted in connection with Decision No. ZA2003-30, in their entirety, to read as
follows:
1. That this establishment, at all times when the premises are open for business, 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 area upon the licensed premises maintained for the purpose of
sales, service or consumption of alcoholic beverages directly to patrons for consumption.
3. That there shall be no pool tables or amusement devices maintained upon the premises at any time
unless the proper permits have been obtained from the City of Anaheim.
3. That subject alcoholic beverage 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.
4. That the sale of alcoholic beverages shall not exceed forty percent (40%) of the gross sale 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, subject to inspection by any
City of Anaheim official.
5. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
6. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from inside the building, promoting or indicating the availability of beer and wine.
7. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
8. That no admission fee, cover charge, or minimum purchase shall be required.
9. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire
Code and shall be kept closed all times during the operation of the premises except for
ingress/egress, to permit deliveries, and in cases of emergency.
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10. That there shall be no public telephones on the premises, which are located outside the building.
11. That any and all security officers provided 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 (Section 4.16.070 of the Anaheim Municipal Code).
12. That no "happy hour" type of reduced price for alcoholic beverage promotions shall be allowed.
13. That the 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, for the sale of beer and wine.
14. That aBurglar/Robbery Alarm permit application (Form APD 516) shall be obtained from the
Anaheim Police Department.
15. That a Fire Emergency Listing Card (Form APD-281) shall be obtained from the Anaheim Police
Department.
16. That the rear entrance door(s) to the premises shall be numbered with the same street address
numbers or suite number of the business as the front doors. (The minimum recommended height
of such numbers is four inches (4").)
17. That no portable signs shall be utilized to advertise any activities on the subject site.
18. That the applicant shall submit plans for any future signs for review and approval by the Planning
Services Division.
19. That the subject property shah 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.
20. That prior to commencement of the activity authorized by this Decision (i.e., live entertainment and
amplified music in connection with afull-service restaurant), 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. 14, 15, 16, 19 and 22, herein-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in accordance with Section 18.60.170
(Extension of Time to Comply with Conditions of Approval) of the Anaheim Municipal Code.
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.
22. That the applicant shall obtain the appropriate entertainment permit from the Business License
Division in accordance with Chapter 4.18 (Amusement and Entertainment Premises -Restaurants
and Bars) of the Anaheim Municipal Code.
23. That the live entertainment and amplified music (in connection with the existing full-service
restaurant with the retail sale of alcoholic beverages for on-premises consumption) is approved for
a period of one (1) year until September 22, 2006 (at which time said activity shall terminate) unless
the applicant requests and obtains approval of an amendment to this conditional use permit at a
duly-noticed public hearing to (a) allow said use to continue for an additional period of time or (b)
delete this Condition No. 23 thereby allowing said use to continue without any time limitation.
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24. That the live entertainment and amplified music (in connection with the existing full-service
restaurant) shall be limited to the hours of 7 pm to 11 pm, Thursdays through Sundays. After six (6)
months of said live entertainment and amplified music without causing noise or other disturbance to
adjacent and nearby residences and businesses, the applicant may apply for an amendment to this
condition to extend the number of days per week. Such application shall be considered at a duly-
noticed public hearing.
This decision is made, signed, and entered into the file this 22nd day of September 2005.
C~ 1 ~,~~k~~~c~.~~i~
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 from the date of the signing of this decision or
unless members of the City Council shall request to review this decision within 12 days of said signing.
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: September 22, 2005
(/
Pat Chandler, Senior Secretary LY, J
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City of And'fieim
PLANNING DEPARTMENT
www.anaheim.net
October 6, 2005
North American Resort
100 Bayview Circle, Suite 4500
Newport Beach, CA 92660
Ed Chuchla
Walt Disney Imagineering
1401 Flower Street
Glendale, CA 91221
Re: SPECIAL CIRCUMSTANCE WAIVER NO. 2005-00032 -Approved
On September 29, 2005, Annika M. Santalahti, Zoning Administrator, considered your
request for waiver of special event permit requirements to permit banners on the Disney Travel
Building from September 29, 2005 through September 30, 2006. The property is located at
190 West Center Street in the "CG(DMU)" (General Commercial-Downtown Mixed Use
Overlay) Zone. She made the following findings:
1. That the letter submitted by the applicant requests this special circumstances to
allow four (4) banners on the north elevation of the Disney Travel Building facing Center
Street and five (5) banners along the northwest corner of the building along the Center Street
Promenade area. The banners will be adhered to the windows and have a total size of 182
inches by 53 inches (67 sq.ft.). The applicant requests that the banners be in place for one
year (366 days) from September 29, 2005 through September 30, 2006, to celebrate
Disneyland's 50th Anniversary event. As discussed in the Staff Report to the Zoning
Administrator dated September 29, 2005, the request is for waiver of subsection
18.38.240.030 (Regulations for Conduct of a Special Event), which allows four (4) special
event permits during a calendar year with each permit not to exceed nine (9) days for a total
of 36 days annually.
2. That approval of special circumstances waivers (allowing modification and/or
waiver of regulations pertaining to special events) is authorized under subsection
18.62.050.060 (Special Circumstances Waiver) of the Anaheim Municipal Code when such
modification or waiver would serve the public interest, safety or general welfare.
3. That the proposed special event, consisting of nine (9) window banners on the
Disney Travel Building in the Center Street Promenade area, will serve the public interest and
general welfare and will not adversely affect the adjoining and nearby commercial land uses
or the growth and development of the surroundings.
4. That the proposed banners will not impact any parking circulation, nor any
streets and highways in the area that are equipped to handle large traffic flows.
5. That a earlier Special Circumstances Waiver permits banners for Disneyland's
50th Anniversary Celebration on the Team Disney Building at 700 West Ball Road and on the
Paradise Pier Hotel at 1717 South Disneyland Drive for the time period of May 1, 2005
through September 30, 2006.
On the basis of the above findings, the Zoning Administrator approved Special
Circumstances Waiver No. 2005-00032 for the herein-described special event for the period
of time from September 29, 2005 through September 30, 2006, subject to compliance with the
following conditions:
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
TEL (714)765-5139
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1. That the window banners shall be installed as indicated in the Attachments to the Staff
Report to the Zoning Administrator dated September 29, 2005: Attachment A (photo
simulation of a proposed banner on the north building elevation), B (photo simulation of
proposed banners at the northwest corner of the building elevations facing the outdoor
pedestrian open space), and C (aerial photo showing the placement of the building in the
Center Street Promenade area).
2. That this Special Circumstances Waiver shall expire on October 1, 2006.
3. That the banners shall be kept clean, neatly maintained, with no missing sign copy, or
ripped or faded material. An un-maintained or damaged portion of the banners shall be
repaired or replaced immediately. Noncompliance shall constitute a public nuisance and
shall subject this permit to termination.
4. That not less than five (5) days prior to the commencement of the activity authorized by
Special Circumstances Waiver No. 2005-00032, the applicant shall obtain a Special
Event Permit from the Development Services Division of the Planning Department.
5. 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..
Sincerely,
Pat Chandler, Senior Secretary ~~\
Anaheim Zoning Administration -~/
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