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Minutes-ZA 2005/07/07 ANAH E I M ZONING ADMINISTRATOR ACTION AGENDA THURSDAY, JULY 7, 2005 9:30 A. M . 200 S ~tfi A~hetm j Ar~ahfen;°` ifornia STAFF PR ~~ ~ T:`~~.~ iii' m Sell Actin Zt~rrin P : d trator ~,ta 9 9 t` `~-'',' ,:ark Gordon, Deputy City°~ ~~ , r,~~. m~ : ~ pavid See, Senior Plann., '~ '"~ x ..a~~ ` ~ ~'~ ~ ~~~ arie-N land, Planner ' '} ' ~ ~' ~ ~~'~ ;`fat Chandle `M~Senior,~e ret l ~~ ~ _ ~' .~~..m--~ '. ~,, ~. ;~ ~ - ._,; ~, ~ r yx. si` ~~ ~`~"`''~ W ~4~ .1....w.. `f,.....4.,,, «~f~t'J`~~.. ...J ' !K+ ~• AGENDA P~STI N.G,~ ~ ~brr~~let~~copy. to~~la~ ~ , ng Ac~mmistrator ~~ Agenda waspc~sted ~" x:40 . cat~~Jun~ 3,~ ~ ~J5 in ~ide the display case IQ ate' ~~t ~ ~ - o~er~o~~ ~~t~t~ciiMC'ha ers, and also in the outside d~sp~ay~i~i~k~~~ _ _ ~_,._ ~ y ~ PUBLISHED: Anaheim Buis ~' ~p~-on Thursday, June 16, 2005 PUBLIC HEARING ITEMS PUBLIC COMMENTS ADJOURNMENT ACZA070705.DOC 07-07-05 Page 1 • PUBLIC HEARINGS: 1 a. CEQA CATEGORICAL EXEMPTION -CLASS 1 Approved 1b. WAIVER OF CODE REQUIREMENT Approved 1c. CONDITIONAL USE PERMIT N0.2005-04998 Approved OWNER: Jerry T. Fields 21 Tiburon Bay Drive Corona Del Mar, CA 92625 AGENT: Douglas Ferrieri 1020 Batavia, Suite B Orange, CA 92687 LOCATION: 3452 East Orans~ethorae Avenue: Property is approximately 2.3 acres, having a frontage of 1,080 feet on the south side of Orangethorpe Avenue, a maximum depth of approximately 135 feet and is located approximately 900 feet east of the centerline of Miller Street. To permit on-sale beer and wine and sales in a pizza restaurant in an existing retail center with waiver of minimum number of parking spaces. Project Planner: Marie Newland ZONING ADMINISTRATOR DECISION NO. 2005-15 (mnewland@anaheim.net) Q.S. 143 Srcup2005-04998mn.doc William Sell, Acting Zoning Administrator, opened the public hearing. David See, Senior Planner, introduced item No. 1. Doug Ferrieri, representative for S&D Associates, 1020 N. Batavia, Suite B, Orange CA, wished clarification of the staff report dated 07-07-05 on items no. 9 page 2 and no. 3 page 5: Page 2: 9. The floor plan (Exhibit 2) indicates that the proposed restaurant will have a dining area of approximately 1,060 square feet that can accommodate up t© 54 seats, a 1,476 square foot kitchen/storage area, and men's and women's restrooms. No outdoor seating or dining i5 proposed in conjunction with this restaurant. No sign plans were submitted. Any proposed signage will be reviewed and approved by the Planning Services Division at a future date. The name of the proposed restaurant is "Top Class Piua". Mr. Ferrieri asked if the City would be concerned if Top Class Pizza (the subject restaurant) were to provide outdoor seating since a prior conditional use permit had been approved with outdoor seating for the subject site and the front sidewalk area has enough space to accommodate seating where pedestrian traffic could pass through without encountering obstruction. 07-07-05 Page 2 • • Mr. See responded minimal outdoor seating would not be a problem since it is accessory to the restaurant. The threshold is 10 seats as listed in the code. Staff would be concerned with outdoor dining or seating in conjunction with alcohol sales. The Department of ABC (Department of Alcoholic Beverage Control) would generally like to see the area closed off with some type of fencing or enclosure outside. He suggested continuing the item for two weeks (07-21-05) in order to consider and readvertise outdoor dining and the sale and consumption of alcohol outside. Mark Gordon, Deputy City Attorney, concurred with Mr. See that the item should be continued for two weeks since outdoor dining and the sale and consumption of alcohol outside was not a part of the letter of operation and was not advertised for the subject conditional use permit. Ron Isaacs, the applicant, 4073 Center Lucille, Orange, CA, stated the only alcohol would be beer and wine which would be used only to complement the food and not to be consumed in a bar-type atmosphere. He stated if it is something that the City opposes at this time they could continue with the request as advertised and apply for dining outside with the sale and consumption of alcohol in the future. Page 5: That there shall be no p©ol tables or amusement devices maintained upon the premises at any time unless the prope€ permits have been obtained from the City of Anaheim. Mr. Ferreri stated the applicant was not considering a pool table but considering some form of entertainment games to amuse the children while their parents dine in. He asked if it would be a separate application requiring conditional use permits or if it would be a part of the application process. Mr. Sell responded as long as there were 5 or fewer amusement devices an arcade permit would not be required. The public hearing was closed. 2. ITEMS OF PUBLIC INTEREST: None 07-07-05 Page 3