Resolution-ZA 1995-02•
DECISION NO. ZA 95-02
•
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3743
OWNER: Audrey S. Pashley, Trustee
2404 Vista Nobleza
Newport Beach, CA 92660
AGENT: Eva Sloan, C.R.H.O. Inc.
195 South "C" Street, #200
Tustin, CA 92680
LOCATION: 2580 West La Palma Avenue
CEQA STATUS: Negative Declaration
HEARING DATE: March 2, 1995
OPPOSITION: No one spoke in opposition; however, a faxed letter of opposition was received from
Magnolia School District Board of Trustees.
REQUEST: Petitioner requests approval of a Conditional Use Permit under authority of Code Sections
18.12.050.010 and 18.44.050.010 topermit on-premise sales and consumption of beer and
wine in an existing semi-enclosed, 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 Code:
1. That the proposed use is properly one for which a Conditional Use Permit is authorized by the
Zoning Code;
2. That the proposal is approved for a period of one year, during which time the petitioner must obtain
the appropriate permit from Alcoholic Beverage Control; and, if approved by A.B.C., the City can
observe and analyze any impacts of the use before any future use permit is approved allowing the
use to continue;
3. 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 sales and consumption
will take place inside the building only and not at the drive through window nor in any outdoor
seating area;
4. 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;
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.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal for on-premise sale and consumption of beer and wine in an existing semi-enclosed, drive-through
fast food restaurant located on arectangularly-shaped parcel of land consisting of approximately 0.50 acre
located at the southeast corner of La Palma Avenue and Magnolia Avenue, having approximate frontages
of 147 feet on the south side of La Palma Avenue and 147 feet on the east side of Magnolia Avenue; 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. 3743, subject to the following conditions:
1. That the sales, service and consumption of alcoholic beverages shall be permitted only between the
hours of 10:00 AM and 10:00 PM.
2. That there .shall be no bar or lounge area upon the licensed premises maintained for the purpose
of sale, service or consumption of acholic beverages directly to patrons for consumption.
3. That food service consisting of meals shall be available up until closing time on each day of
operation.
4. That there shall be no pool tables or coin-operated games maintained upon the premises at any
time.
5. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type
license nor operated as a public premises.
6. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or
other commodities during the same period. The owner of the establishment shall, upon request,
provide the City of Anaheim with an audited report of sales ratio of food to acholic beverages.
7. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time.
8. That the sale of beer and/or wine for consumption off the premises is prohibited.
9. That there shall be no exterior advertising of .any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcoholic beverages.
10. That no alcoholic beverages shall be consumed on any property under the control of the applicant
and adjacent to the licensed premises.
11. That the parking lot of the premises shall be equipped wfth lighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of all persons on or about the parking lot.
12. That lighting in the parking area of the premises shall be directed, positioned and shielded in such
a manner so as not to unreasonably illuminate the window area of nearby residences.
13. That the premises shall be maintained as a bona fide restaurant and shall provide a menu containing
an assortment of foods normally offered in such restaurants.
14. That the applicant shall be responsible for maintaining a litter free area adjacent to the premises
over which he has .control.
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15. That all sales and consumption of beer and/or wine shall be wholly inside the building. No
alcoholic beverages shall be sold via any drive-up window.
16. That subject conditional use permit is hereby granted for a period of one (1) year to expire on
March 2, 1996.
17. 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.
18. 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.
19. That an on-site trash truck turn-around area shall be provided and maintained to the satisfaction of
the Department of Maintenance.
20. That subject property shall be developed substantia{ly in accordance with plans and specffications
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.
21. That the appropriate fees due for primary water mains and fire protection service shall be paid to
the Water Engineering Division in accordance with the Rules 15A and 20 of the Water Utility Rates,
Rules and Regulations.
22. That prior to commencement of the activity authorized by this decision or within a period on one
(1) year from the date of this decision, whichever occurs first, Condition Nos. 11, 12, 17, 18, 19, 20
and 21, 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.
23. 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 9th day of March 1995.
Annika M. antalahti
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 1515 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.
DATE: March 9, 1995
Betty Presto
Sr. Office Specialist
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