Resolution-ZA 2005-27•
DECISION NO. ZA 2005-27
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2005-05037
OWNER: Inc Ganlaon
887 S. Anaheim Boulevard
Anaheim, CA 92805
AGENT: Sylvano Ibay
Anaheim White House Restaurant
887 S. Anaheim Boulevard
Anaheim, CA 92805
LOCATION: 887 South Anaheim Boulevard (Anaheim White House Restaurant) -Property consisting
of 0.82-acre having a frontage of 106 feet on the east side of Anaheim Boulevard and
located 155 feet north of the centerline of Vermont Avenue.
CEQA STATUS: Categorically Exempt, Class 1
HEARING DATE: November 10, 2005
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence was received in opposition.
SUPPORT: Four people spoke at the public hearing in support of the proposal and one letter was
received in support.
REQUEST: Approval of a conditional use permit to permit the sale and consumption of alcoholic
beverages in conjunction with an existing restaurant with outdoor dining in the C-G
(Commercial General) Zone under authority of sections 18.08.030.040.0402 and
18.66.040.020.0204 of the Zoning Code, with the following waiver:
Sections 18.08.070 - Minimum number of parking spaces.
18.42.040.010 (112 spaces required;
and 18.74.040.020.0213 59 on-site spaces existing and proposed)
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:
1. That the total number of available on-site and off-site parking spaces, consisting of the existing
on-site parking at the subject site (59 spaces) plus two off-site locations (10 valet spaces leased from the
City of Anaheim and 69 spaces leased from the Native American United Methodist Church at 800 South
Lemon Street), exceeds the Code requirement; and that the parking study, prepared by a licensed traffic
engineer, concludes that this parking waiver 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.
2. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces on the public streets in the immediate vicinity of the proposed use.
3. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces on adjacent private property in the immediate vicinity of the proposed use.
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4. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the proposed use.
5. That the parking 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 is properly one for which a conditional use permit is authorized by the
Zoning Code.
7. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located.
8. That the size and shape of the site proposed for the use, consisting of a restaurant with outdoor
dining, is adequate to allow full development of the proposed use in a manner not detrimental to the
particular area or to health and safety.
9. 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.
10. That granting this conditional use permit, under the conditions imposed, will not be detrimental
to the health and safety of the citizens of the City of Anaheim.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2005-05037, subject to the following conditions:
1. That at all times when the premises are open for business, said premises shall be maintained as a
bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in
such restaurant.
2. 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 gross sales of alcoholic beverages 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, inspection by any City of
Anaheim official during reasonable business hours.
4. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without the proper permits having been obtained as required by the Anaheim Municipal
Code.
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 within, promoting or indicating the availability of alcohol beverages.
7. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
8. That the subject alcoholic beverage license shall not be exchanged for a Public Premises (bar) type
license nor shall the establishment be operated as a Public Premise ad defined in Section 23039 of
the California Business and Professions Code.
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9. There shall be no admission fee, cover charge, nor minimum purchase required in connection with
the approved use.
10. That no "happy hour" type of reduced price alcoholic beverage promotion shall be allowed at any
time.
11. That signs shall be posted at all exits from the premises, including out to the patio area, notifying
patrons that removal of alcoholic beverages from the confines of this establishment is prohibited.
12. That the applicant 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 orders, or the sale of drinks.
13. 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.
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 a copy of a formal written parking agreement with the Native American United Methodist
Church at 800 South Lemon Street, to allow use of their parking lot when necessary, shall be
submitted to the Planning Department, Planning Services Division, and filed with this Conditional
Use Permit No. 2005-05037.
16. That the outdoor dining area shall be completely enclosed by fencing or other such permanent
structure as approved by the City, totaling at least forty (40) inches in height, into which entry is only
possible from the interior of the restaurant. Emergency exits required by the Uniform Fire Code shall
be maintained, but shall not utilized by patrons or employees other than in an emergency.
17. That sales, service, and consumption of alcoholic beverages shall be permitted only between the
hours of 11:00 a.m. to 2:00 a.m., seven days a week.
18. 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.
19. That a security alarm system (silent or audible) shall be provided.
20. That aBurglary/Robbery Alarm Permit shall be obtained from the Anaheim Police Department.
21. That all exterior doors shall have adequate security hardware.
22. That a Fire Emergency Listing Card, Form APD-281, shall be obtained from the Anaheim Police
Department.
23. Proposed Condition No. 23 was intentionally deleted by the Zoning Administrator.
24. That the 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 (Front Outdoor Dining Area) and
including a minimum of fifty-nine (59) on-site parking spaces, and as conditioned herein.
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25. That prior to commencement of the approved activity or within one (1) year from the date of this
Decision, whichever occurs first, Condition Nos. 11, 15, 16, 18, 19, 20, 21, 22, 24 and 28, 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.
26. 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
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.
27. That, unless conditions to the contrary are expressly imposed upon the granting of the parking
waiver, the granting of the parking waiver shall be deemed contingent upon operation of the
proposed use in conformance with the assumptions relating to the operation and intensity of the use
as contained in the "Parking Study-Anaheim White House" that formed the basis for approval of the
waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as
contained in said Parking Study shall be deemed a violation of the express conditions imposed upon
said waiver which shall subject said waiver to termination or modification pursuant to the provisions
of Section 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
28. That gates shall be provided for the trash enclosure(s) in accordance with City of Anaheim
standards.
29. That approximately one (1) year from the date of this Decision, the Planning Services Division staff
shall provide an informational report to the Planning Commission regarding the status of the outdoor
dining activities and the adequacy of the parking, including the off-site parking lots. The report shall
include information from the Community Preservation Division and Police Department regarding any
crime statistics, and whether there have been any code violations or other activities which caused a
disturbance to neighboring properties and uses. The report shall be agendized as a "Reports and
Recommendations" item at aregularly-scheduled Planning Commission meeting and a public notice
shall be provided to all property owners within a three hundred (300) foot radius of this property.
The objective of providing this informational report to the Commission is to verify that there have
been no unforeseen or unresolved problems resulting from approval of this conditional use permit
and parking waiver.
This decision is made, signed, and entered into the file this 17th day of November 2005.
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Annika M. Santalahti, o ing 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 fifteen (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 twelve (12)
days from the 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.
MAILING DATE: November 17, 2005
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Pat Chandler, Senior Secretary ~~
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