Resolution-ZA 1992-34.~ _ ~`"
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DECISION NO. 92-34
OF THE ZONING .ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT N0.3531
HEARING DATE: August 6, 1992
OWNER: , Imperial Promenade Partners
~' Michelson Drive #200, Irvine, CA 92715
~3 dO
AGENT: Maria Goskaris
4457 East La Palma Avenue, Anaheim, CA 92807
LOCATION: 5645 East La Palma Avenue. #220
CEQA STATUS: Negative Declaration
OPPOSITION: No one indicated their presence at the public heazing in opposition, and no correspondence
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 alcohol in a proposed 4,390 sq.ft.
enclosed restaurant to be located in a previously approved 30--unit commercial retail center
which includes one 7,354 sq.ft. freestanding restaurant with on-sale alcoholic beverages).
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 heazing 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 particulaz 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 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 Ciry of Anaheim.
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Conditional Use Permit No. 3531
Page 2
.CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to permit on-sale beer and wine in a proposed enclosed restaurant to be located in a
previously approved commercial retail center on an irregulazly-shaped pazcel of land consisting of
approximately 4.4 acres located north and west of the northwest corner of La Palma Avenue and Imperial
Highway, having approximate frontages of 60 feet on the north side of La Palma Avenue and 708 feet on
the west side of Imperial Highway and further described as 5645 East La Palma Avenue #220; and does
hereby. approve the Negative Declazation upon finding that she has considered the Negative Declazation
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. 3531, subject to-the following conditions:
1. 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.
2. That food service consisting of meals shall be available until closing time on each day of operation.
3. ..That. any entertainment provided shall not be audible beyond the azea under the control of the
license.
4. That subject alcoholic beverage license shall -not be exchanged fora "public premises" type license
nor shall the restaurant be operated as a "public premises".
5. That the sale of beer and/or wine for consumption off the premises shall be prohibited.
6. That the quarterly gross -sales of alcoholic beverages at subject restaurant shall not exceed the gross
sales of food or other commodities during the same time period.
7. That any time the subject premises provides entertainment and/or dancing, the petitioner shall
provide a security guard in the parking lot and shall maintain order therein, and shall. prevent any
activity which would interfere with the quiet enjoyment of their property by neazby residents.
8. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior of the building from within the building, promoting or indicating the availability of
alcoholic beverages.
9. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises
under the control of the licenses.
10. That the parking lot of the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernible the appeazance and conduct of all persons on or about the pazking lot.
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Conditional Use Permit No. 3531
Page 3
11. That there shall be no pool tables or coin-operated games maintained upon the subject premises at
any time.
12. 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 through 2.
13. That prior to issuance of a building permit, or prior to commencement of the activity herein
approved, or within a period of one (1) year from the date of this resolution, 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.
14. That prior to final building and zoning inspections, Condition No. 12, above-mentioned, shall be
complied with.
15. 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 regazding any other applicable ordinance, regulation or requirement.
This decision is made, signed, and entered into the file this thirteenth day of August.
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 15S 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. l5 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: Aught 13. 1992. '
amela H. Starnes
Administrative Assistant
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