Resolution-ZA 1992-30• •
DECISION NO. ZA92-30
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3525
OWNER: SCOTT BURNHAM
770 The City Drive #215, Orange, CA 92668
LOCATION: 430 South Anaheim Hills Road. Suite B
HEARING DATE:
CEQA STATUS:
July 9, 1992
Negative Declaration
OPPOSITION: No one indicated their presence at the public heazing 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 the on-premise sale and
consumption of 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 fmd, pursuant to the Sections
18.02.030.030 through 18.02.030.035 of the Anaheim Municipal Code:
That the proposed use, consisting of on-sale beer and wine in an existing enclosed restaurant,
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 it 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 azea; and
5. That the granting of this conditional use permit under the conditions imposed will not be
detrimental to the peace, health, safety and general welfaze of the citizens of the Ciry of
Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator
has reviewed the proposal to permit the on premise sale and consumption of beer and wine in an
existing restaurant on anirregularly-shaped parcel of land consisting of approximately 7.0 acres
located at the northeast side of Nohl Ranch Road between Anaheim Hills Road and Canyon Rim
Road, having approximate frontages of 400 feet on the east side of Anaheim Hills Road, 480 feet on
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Conditional Use Permit No. 3525
the northeast side of Nohl Ranch Road and 500 feet on the northwest side of Canyon Rim Road, and
further described as 430 South Anaheim Hills Road, Suite B (El Cerrito Restaurant); and does
hereby approve the Negative Declaration upon finding that she has considered the Negative
Declazation together with any comments received during the public review process and further fmding
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. 3525, subject to the following conditions:
1. 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 aze on fde
with the Planning Department marked Exhibit Nos. 1 and 2.
2. That prior to commencement of the activity herein approved or within a period of one (1)
yeaz from the date of this decision, whichever occurs, first, Condition No. 1,
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.
3. That the on premises beer and wine sales authorized by this resolution shall take place only in
conjunction with the sale, serving and consumption of prepazed food items (restaurant).
4. That, as required by the Anaheim Police Department and as stipulated to by the petitioner:
a. There .shall be no baz or lounge .area upon the licensed premises maintained for the
purpose of sale, service or consumption of alcoholic beverages directly to the patrons
for consumption.
b. Food service consisting of full meals shall be available until closing time on each day
of operation.
c. The alcoholic beverage license obtained in connection with subject Conditional Use
Permit No. 3525 shall not be exchanged for a public premises type license; nor shall
subject premises be operated as a public premises.
d. The sale of beer and/or wine for consumption off the premises is prohibited.
e. The quarterly gross sales of alcoholic beverages at subject restaurant shall not exceed
the gross sales of food or other commodities during the same period.
£ There shall be no live entertainment, amplified music nor dancing permitted on the
premises at any time.
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Conditional Use Permit No. 3525
g. Any entertainment provided at subject restaurant shall not be audible beyond the area
under the control of the petitioner/licensee.
h. There shall be no exterior advertising of any kind or type, including advertising
directed to the exterior from within the restaurant, promoting or indicating the
availability of alcoholic beverages.
i. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the petitioner/licensee.
j. The petitioner shall be responsible for maintaining a litter free area adjacent to the
premises over which he/she has control.
k. There shall be no pool tables nor coin-operated games maintained upon the premises
at any time.
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.
This decision is made, signed, and entered into the file this fifteenth day of July, 1992.
G2~ ~ ~~
' a 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 1515 avs 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: July 15, 1992 ,
amela H. Starnes
Administrative Assistant
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