Resolution-ZA 1993-31• •
DECISION NO. ZA 9331
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3609
HEARING. DATE: April 29, 1993
CEQA STATUS: Negative Declaration
OPPOSITION: No one indicated their presence at the public heazing in opposition and no
correspondence was received.
OWNER: ANAHEIM REDEVELOPMENT AGENCY-
201 South Anaheim Boulevazd, Anaheim, CA 92803
AGENT: WATT MANAGEMENT
2716 Ocean Park Boulevard,.Santa 1Vlonica, CA 90405
`LOCATION: 18$ West Lincoln Avenue
REQUEST: 'Petitioner requests approval. of a conditional use permit under the authority of Code
Sections .18.12.050 and 18.44.050.010 to permit on premise sales and consumption of
alcoholic beverages in an enclosed restaurant, with waiver of the following:
SECTIONS 18.06.OSOA212 - Minimum number of required parking, spaces.
18.06.050.022 (76$ required; ~ proposed)
18.06.050.0232
18.06.050.0233
18.06.080
18.12.060.110
and 18.44.066.050
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 following public notice of subject proposal it was found that the advertised conditional use
permit number (No. 3597) duplicated a previously used. number and, herefore, subject petition
-has been renumbered Conditional Use.Permit No. 3609;
2. That the parking waiver will not cause an increase in traffic. congestion in the'mmediate vicinity
nor adversely affect any adjoining land uses because the combination of uses in the commercial
shopping center do not all have peak usage at the same time, and that he City Traffic'and
Transportation Manager has reviewed and approved the parking study (titled "Parking .Study of
Existing Conditions") submitted by the petitioner;
3. That the granting of the parking waiver under the conditions imposed will notbe detrimental. to
-the peace, health,'safery or general welfare of the citizens of the Ciry of Anaheim;
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4. That the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code;
S. 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;
6. 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;
7. That the traffic generated bythe proposed use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the azea; and
8. 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 City of
Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS:. That the Zoning Administrator has
reviewed the proposal to permit on premise sales and consumption of alcoholic beverages in an enclosed
restaurant with waiver of minimum number of parking spaces, on an irregularly-shaped pazcel of land
consisting of approximately 10.8 acres located between Lincoln Avenue, Clementine Street, Oak Street
and Anaheim Boulevard, having frontages of approximately 1050 feet on the south side of Lincoln
Avenue, 815 feet on the north side of Oak Street, 334 feet on the east side of Clementine Street and 540
feet on the west aide of Anaheim Boulevazd, and further described as 188 West Lincoln Avenue; and
does hereby approve the Negative Declaration upon fording 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. 3609, subject to the followingconditions:
1. That the alcohol sales authorized by this resolution shall occur only in conjunction with the sale,
serving and consumption of prepared food items (restaurants).
2. That the trash storage azeas shall be refurbished to the satisfaction.. of the Department of
Maintenance to comply with approved -plans on file with said Department.
3. 't'hat 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.
4. That an on-site trash truck turn-azound area shall be provided and maintained to the satisfaction
of the Department of Maintenance. Said turn around area shall be specifically shown on plans
submitted for building permits.
5. 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.
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6. 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. 2, 3, 4 and 5,
.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.
8. That there shall be no bar or lounge area in subject licensed premises maintained for the purpose
of sales or service of alcoholic beverages directly to patrons for consumption.
9. That food service consisting of meals shall be available until closing time on each day of
operation.
10. That subject alcoholic beverage license shall not be exchanged fora "public premises" type
license nor shall the business be operated as a public premises.
ii. That the quarterly gross sales of alwholic beverages shall not exceed the gross sales of food or
other commodities during the same time period.
12. That there shall be no live entertainment, amplified music or dancing permitted on subject
premises at any time.
13. That there shall be no exterior advertising of any kind or type on the building, including
advertising directed to the exterior of the building from within,. promoting or indicating the
availability or alcoholic beverages.
14. That there shall be no pool tables or coin-operated games maintained on subject premises at any
time.
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 regarding any other applicable ordinance, regulation or requirement.
This. decision is made, signed, and entered. into the file this sixth day of May 1993.
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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 ~ of the date. of the signing of
this decision or unless members of the Ciry'Council shall request toxeview this decision within said 15
days.
DECLARATION OF SERVICE BY MAII.: 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.
DATE: May 6, 1993
eg Actin ecr
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