Resolution-ZA 1993-33~'
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DECISION NO. ZA 93 - 33
A DECISION OF THE ZONING ADMIlVISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3601, IN PART
OWNER: SCOTT BURNHAM
770 The City Drive #215, Orange, CA 92668
AGENT: ALEX PEREZ
23822 Palmek Circle, Lake Forest, CA 92630
LOCATION: 407 - 476 South Anaheim Hills Road
HEARING DATE: Apri129, 1993
CEQA STATUS: Negative Declaration
OPPOSITION: No one indicated_their presence at the public hearing in opposition to
the proposal 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-premise sale and
consumption of beer. and wine in a 2,400 square-foot restaurant with a
proposed outdoor seating area.
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 use is hereby approved, in part, permitting the on-sale beer and wine and
denying the proposed outdoor seating area because there is inadequate space for
outdoor .seating on the sidewalk in front of the building;
2. That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code;
3.
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That the proposed use, as granted, will not adversely affect the adjoining land uses
and the: growth and development of the area in which is proposed to be located;
That the size and shape of the site for the proposed use, as granted, 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;
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5. 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
6. ' ` 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 sale and consumption of
been and wine in a 2,400 sq.ft. restaurant with proposed outdoor patio seating on an
irregularly-shaped pazcel of land consisting of approximately 7.0 acres located on the:
northeast side of Noh1 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 the. northeast side of Nohl Ranch Road and 450 feet on the northwest side of Canyon
Rim Road, and further described as 470 and 476 South Anaheim Hills Road .(Bella Cucina
Italian Restaurant); 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 here 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, 3601, in part, subject to: a following conditions:
1. That trash storage areas shall be provided and maintained in a location acceptable
to the Department of Maintenance and in accordance with approved plans on file
with said Department. Such information shall be specifically shown on the plans
submitted for building permits.
2, 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.
3. That an on-site. trash truck turn-azound area shall be provided and maintained to the
satisfaction' of the Department of Maintenance. Said turn-azound azea shall be'
specifically shown on plans submitted .for building .permits.
4. That .the beer and "wine sales authorized by this resolution shall occur .only in
conjunction. with the sale, serving and consumption of prepazed food items
(restaurants).
5. That. ubject 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 mazked Exhibit Nos. 1 and 2.
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b. 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.
7. That food. service consisting of meals shall be available until closing time on each
day of operation.
8. That subject alcoholic beverage license shall not be exchanged fora "public
premises" type license nor shall the business be operated as a public premises.
9. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales
of food or other commodities during the same time period.
10. That there shall be no live entertainment, amplified music or dancing permitted on
subject premises at any time.
11. 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; .and, further, that there shall be
no tables, umbrellas or other objects placed outside for the purpose of advertising
the business.
12. That there shall be no pool tables or coin-operated games maintained on subject
premises at any time.
13. That prior to commencement of the activity authorized by this .decision, or within
a period of one (1) yeaz from the date of this decision, whichever occurs first,
Condition Nos. 1, 2 and 3, 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 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 Ciry, 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 sixth day of May 1993 .
za3601.wp
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Annika M. Santalahti
Zoning Administrator
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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 days 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.
DATE: May 6, 1993
Peggy ~s
Acting Secre
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ZA 93-33