Resolution-ZA 1994-01
DECISION NO. ZA 94-01
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3657
OWNERS: Jameel Hawn Zaini
Abdullah Ahmed Mejjailid
Robert L. Meyer
1620 South Hanley
St. Louis, MO 63144
AGENT: Cheryl Bartolini
14715 Jeffrey Road
Irvine, CA 92714
LOCATION:. ` 600 West Lincoln Avenue
CEQA STATUS: Negative Declaration
HEARING DATE: January 6, 1994
OPPOSITION: No one indicated their presence at the public hearing in opposition.
REQUEST: .Petitioner requests approval of a conditional use permit under authority of Code Section
18.45.050.010 to permit on-premise sale and consumption of beer and wine inside an
existing drive-through, fast food 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 find, pursuant to the Sections 18.02.030.030
through 18.02.030.035 of the Anaheim Municipal Coder
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 it is proposed to be located because the sale and consumption
of beer and wine will be only by customers dining inside the restaurant;
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 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 City of Anaheim.
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CAL{FORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal to permit on-premise sale and consumption of beer and wine inside an existing drive-through, fast-
food restaurant on arectangularly-shaped parcel of land consisting of approximately 0.4 acre, having a
frontage of approximately 135 feet on the south side of Lincoln Avenue, having a maximum depth of
approximately 192 feet, being located approximately 445 feet west of the centerline of Harbor Boulevard and
addressed at 600 West Lincoln Avenue (EI Conejo 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 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. 3657, subject to the following conditions:
That the petitioner shall file for reclassffication of subject property from the CG "Commercial,
General" to the CL "Commercial, Limited" Zone.
2. That, as recommended by the Police Department, the petitioner shall continuously adhere to the
following conditions:
a. Food service consisting of meals shall be available until closing time on each day of
operation.
b. The alcoholic beverage license (beer and wine) shall not be exchanged for a public
premises type of license nor shall the business be operated as a public premises.
c. The sale of alcoholic beverages (beer and wine) for consumption off the premises is
prohibited.
d. The quarter{y gross sales of alcoholic beverages (beer and wine) shall not exceed the
gross sales of food or other commodities during the same period.
e. There shall be no live entertainment or dancing permitted on the business premises at
any time.
f. There shall be no exterior advertising of any kind or type, including advertising directed
to the exterior from inside the building, promoting or indicating the availability of alcoholic
beverages.
g. .The parking lot of the business premises shall be equipped with lighting of sufficient
power of illuminate and make easily discernible the .appearance and conduct of all
.persons on or about the parking lot
h. There shall be no bar or lounge area on the premises maintained for the purpose of sale,
service or consumption of alcoholic beverages directly to patrons for consumption.
There shall be no pool tables or coin-operated games maintained on the premises at any
time.
Subject Conditional Use Permit No. 3657 shall become null and void ff a valid license has
not been issued by the Department of Alcoholic Beverage Control within one (1) year
from the date of this decision.
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k. No alcoholic beverages shall be consumed bn any property adjacent to the licensed
premises under the control of the applicant.
3. That no sales or consumption of beer and wine shall be permitted outside the restaurant building
unless specific plans for a barrier wall enclosing the outdoor seating area are first submitted to the
Zoning Administrator for review and approval as a "Report and Recommendation" item.. Said plans
shall be dimensioned and shall include building materials, proposed color(s) to complement the
existing building, and proposed landscaping to be planted along the barrier wall in compliance with
Section 18.04.060.040 "Landscaping for Screening of Fences/Block Walls."
4. That no sales and/or service of beer or wine shall take place from the drive-up window.
5. That a Lot Line Adjustment plat to combine the three (3) existing lots into one (1) shall be submitted
to the Subdivision Section for review and approval by the City Engineer. Following approval, it shall
be recorded in the Office of the Orange County Recorder.
6. That subject petition is hereby granted for a period of one (1) year from the date of this decision.
This time limitation may be deleted or modified at the request of the petitioner in conjunction with
a public hearing.
7. That subject property shall be developed substantially in accordance with plans and specffications
submitted to the C'dy of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2 and 3.
8. 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, Conditions No. 1, 2.j 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.
9. That approval of this application constitutes approval of the proposed request only to the extent that
R 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 13th day of January 1994.
nnika M. Santalahti
Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City Council, in wrfting, accompanied by
an appeal fee, is filed with the City Clerk within 15 da s 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 C'~ty Clerk.. f
DATE: January 13, 1994 ~~"~'~
Betty Preston
Sr. Office Specialist
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CITY OF ANAHEIM, CALIFORNIA
Planning Department
January 13, 1994
Alcoholic Beverage Control
28 Civic Center Plaza, Room 369
Santa Ana, CA 91701
Attention: Licensing Supervisor
Enclosed is a copy of Decision No. 94-01 made by the City of Anaheim Zoning
Administrator on January 13, 1994 approving Conditional Use Permit No. 3657 to permit
on-premise sale and consumption of beer and wine at 600 West Lincoln Avenue, Anaheim,
California.
Approval of this .conditional use permit may include specific conditions which must be
satisfied before commencement of the approved use. Please check the decision for such
conditions.
There is a 15-day appeal period following the date the written decision is signed (this occurs
within seven days after the public hearing) after which the Zoning Administrator's action
becomes final unless scheduled for a public hearing by the City Council. If you have any
questions relative to .the above action, please call the Planning Department for assistance.
Sincerely,
~'
( iY.e~d~
Betty Preston
Sr. Office Specialist
abc3657.wp
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 9L803 (714)L54-5,139