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Resolution-ZA 1992-16,~ '4 DECISION NO. ZA 92-16 OF THE ZONING ADMINISTRATOR APPROVING CONDITIONAL USE PERMIT NO. 3503 OWNER: Scott T. Burnham 3636 Birch Street, Suite 100, Newport Beach, CA 92660 AGENTS: Manuel A. Petez 1402 East 19th Street, Santa Ana, CA 92701 and Alejandro P. Perez 23822 Palmer Circle, El Toro, CA 92630 PUBLIC HEARING DATE: March 19, 1992 LOCATION:. 470 South Anaheim Hills Road CEQA STATUS: Negative Declaration OPPOSITION: No one indicated their presence at the public hearing in opposition and no correspondence in opposition was received. REQUEST: Petitioner requests approval of a conditional use permit under authority of Code Sections 18.12.050.010 and 18.44.050.010 to permit on-sale beer and wine service in an existing restaurant. Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced petition, pursuant to Anaheim Municipal Code Section 18.12.020, 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 18.02.030.030 through 18.02.030.035 of the Anaheim Municipal Code: 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 will not adversely affect the adjoining land uses and the growth and development of the area in which is proposed to be located; 3. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use 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; and 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peach, health, safety and general welfare of the citizens of the City of Anaheim. ZA-3503 -1- ZA 92-16 Conditional Use Permit No. 3503 Page 2 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has. reviewed the proposal to permit on-sale beer and wine service in an existing restaurant on an irregularly shaped parcel of land consisting of approximately 0.73 acre, having an approximate frontage of .201 feet on the north side of Canyon Rim Road, having a maximum depth of approximately 232 feet, being located approximately 300 feet east of the centerline of Nohl Ranch Road, and further described as 470 South Anaheim Hills Road; and does hereby approve the Negative Declaration upon finding that she has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Based on the evidence and testimony presented to me, I do hereby determine to APPROVE Conditional Use Permit No. 3503, subject to-the following conditions: 1. That there shall be no bar or lounge area on the licensed premises for the purpose of sale, service or consumption of alcoholic beverages directly to patrons, and that all beer and/or wine shall be sold and consumed in connection with meal service. 2. That the service of beer and/or wine in conjunction with the service of meals shall be available only until closing time each day of business operation. 3. That the subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premises unless the appropriate approval(s) and/or permit(s) are first obtained from the City of Anaheim. 4. That the sale or beer and/or wine for off-premises consumption shall be prohibited. 5. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or other commodities during the same period. 6. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time. 7. That there shall be no advertising of any kind or type on the exterior of the building, including advertising located inside the building but directed to the outside, promoting or indicating the availability of alcoholic beverages. 8. That there shall be no pool tables or coin-operated games maintained on the premises at any time. ZA-3503 -2- ZA 92-16 Conditional Use Permit No. 3503 ' Page 3 9. 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. 10. That a Plan Sheet for solid waste storage and collection, and a plan for recycling shall be submitted. to the Department of Maintenance for review and approval. 11.* That the trash storage areas shall be refurbished to the satisfaction of the Department of Maintenance to comply with approved plans on file with said .department. 12. That prior to commencement of the activity authorized by this decision or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 9, 10 and 11, above-mentioned, shall be complied: with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 13.* 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. .Conditions marked with an asterisk (*) are required by established laws, codes, regulations. and agreements and, are ..therefore, not subject to negotiation. This decision is made, signed, and entered into the file this twenty sixth day of March, 1992. '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. DATED; March 26, 1992 .Patricia A. Koral, Se etary ZA-.3503 -3- ZA 92-16.