Resolution-ZA 1993-15~.
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DECISION NO. ZA 93 -15
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A DECISION OF THE ZONING ADMII~IISTRATOR
DENYING CONDITIONAL USE PERMIT NO. 3577
OWNER:
AGENT:
ALPINE DEVELOPMENT
13702 Holt Avenue, Santa Ana, CA 92705
ROBERT HICKS
4331 Nestle Street, Cypress, CA 90630
LOCATION: 404 North State College Boulevazd (Poor Bob's)
HEARING DATE: February 18, 1993 (continued from the January 7, 1993 meeting to be
readvertised)
CEQA STATUS: Negative Declazation
OPPOSITION: Five people indicated their presence at the public hearing in opposition and/or concern,
with three of those people speaking; and no correspondence in opposition was received.
REQUEST: Petitioner requests approval of a conditional use permit under authority of Code Sections
1$.12.050.010 and 18.44.050.010 to retain a 2,550 sq.ft. cocktail lounge with on
premise sale and consumption of alcoholic beverages with waiver of the following:
Sections 18.06.050.02
18.06.050.022
18.06.080
18.12.060.110
and 18.44.066.050
Minimum number of g r~km' g spaces.
(5Q required; 2~ proposed)
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 pazking variance will cause an increase in traffic congestion in the immediate vicinity
and adversely affect adjoining land uses because existing use of the rear (east) pazking lot on
subject property causes noise disturbances during the night to neazby and adjacent residences, as
testified to at the public hearing;
2. That the granting of the parking vaziance would be detrimental to the peace, health, safety and
general welfare of the citizens of the City of Anaheim because the requested waiver is very
significant, amounting to only 50~ of the total number of pazking spaces required by Code for
subject property;
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3. That subject request is the result of a Notice of Violation being issued by Code Enforcement staff
and that the original use of subject business premises was for a restaurant with on-sale liquor
under. Conditional Use Permit No. 240 (approved in 196 but, as testified to at the public
hearing, over the yeazs the use has changed from an Italian restaurant with beer and wine, to a
steak house, to the current cocktail lounge (Poor Bob's) with minimal food service (do-it-yourself
sandwiches);
4. That the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code;
5. That the proposed use will adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because it is located in an area
designated as "high crime" by the Alcoholic Beverage Control Department; that the adjacent use
to the east is entirely single family residential and the setback between subject building and the
residential zoning is about 40 feet with only a block wall and without any landscape buffering
(minimum 10 feet required by Code for similar new construction) sepazating the two uses; and
that. said setback'is a parking lot;
6. That the size and shape of the site for the proposed use is not 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 because subject property is not developed in accordance
with current Zoning Code including inadequate parking (only 50% of the required parking for
subject proposal exists) and the minimum landscaped setback between commercial and residential
uses;
7. That the traffic generated by the proposed use will impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area; and
8. That the granting of this conditional use permit would be detrimental to the peace, health, safety
and general welfare of the citizens of the City of Anaheim because subject establishment, as it
exists, has had numerous calls for police service as testified to by Police Department staff at the
public hearing, and that the adjacent use is a single family residential neighborhood which has
been adversely impacted by subject use and any intensification (such as limiting customers to
over 21 years old) would further adversely impact the neazby residences.
CALIFORNIA ENVIRONMENTAL OUALl'TY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to retain a 2,550 sq.ft. cocktail lounge with on premise sale and consumption of
alcohol with waiver of minimum number of pazking spaces on a rectangulazly-shaped parcel of land
consisting of approximately 0.5 acre, having a frontage of approximately 117 feet on the east side of
State College Boulevard, having a maximum depth of approximately 190 feet, being located
approximately 380 feet south of the centerline of Sycamore Street, and further described as 404 North
State College Boulevard (Poor Bob's); 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 en Conditional Use
Permit No. 3577.
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This decision is made, signed, and entered into the file this twenty-fifth day of February 1993.
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: February 25, 1993 ,/l" ~ ,~
Pamela H. Starnes
Administrative Assistant
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