Resolution-ZA 1995-06a.
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DECISION NO. ZA 95-06
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3755
OWNER: Allan Fainbarg
123 West Wilson Street, Costa Mesa, CA 92627
AGENT: Manny Hernandez
1195 North State College Boulevard, Anaheim, CA 92806
LOCATION: 1195 North State College Boulevard
CEQA STATUS: Negative Declaration
HEARING DATE: April 27, 1995
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition 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 an existing 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, consisting of beer and wine served only in conjunction with meals, is
properly one for which a conditional use permit is authorized by the Zoning Code;
2, That, because of the crime rate (159% above the average crime rate for the City of Anaheim) for the
underlying Reporting District #1427, the proposed use is hereby approved for a period of one year
to determine whether said use contributes to criminal activity in the area or has other adverse
impacts on the adjacent .and nearby uses consisting of residences to the north and west,
commercial uses to the south, and commercial uses and residences to the east;
3. That the proposed use, as approved, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located;
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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal to permit on-premise sale and consumption of beer and wine on an irregularly-shaped parcel of
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land consisting of approximately 1.33 acres located at the southwest corner of Romneya Drive and State
College Boulevard, having approximate frontages of 250 feet on the-south side of Romneya Drive and 164
feet on the west side of State college Boulevard; 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, 1 do hereby determine to approve Conditional Use
Permit No. 3755, subject to the following conditions:
That the establishment shall be operated as a "Bona Fide Public Eating Place," as defined by
Section 23038 of the California Business and Professions Code.
2. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control and approved by the City of Anaheim.
3. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closing time, whichever occurs first, on each day of operation.
4. That there shall be no pool tables 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 shall the establishment be operated as a public premise, as defined in Section 23039
of the California Business and Professions Code.
6. That the gross sales of alcoholic beverages (beer and wine) shall not exceed the gross sales of all
retail sales during any three (3) month period. The applicant shall maintain records on a quarterly
basis indicating the separate amounts of sales of alcoholic beverages and other items. These
records shall be made available for inspection by any City of Anaheim official when requested.
7. That there shall be no live entertainment, ampl~ied music or dancing permitted on the premises at
any time without prior issuance of proper permfts, as required by the Anaheim Municipal Code.
8. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
9. That there shalt be no exterior advertising of any kind or type, including advertising directed to the
outside from inside the building, promoting or indicating the availability of alcohol beverages with
the exception of the one (1) sign indicating "beer and wine."
10. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbances to surrounding properties.
11. That sales, service and consumption of alcoholic beverages (beer and wine) shall be permitted only
between the hours of 10:00 a.m. and 10:00 p.m.
12. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of ail persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
13. That the business operator shall comply the Business and Professions Code so as not to employ
or permit any persons to solicit or encourage others, directly or indirectly, to buy. them drinks in the
licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme
or conspiracy.
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14. That all doors serving subject restaurant shall conform to the requirements of the Unfform Fire Code
and shall be kept closed and unlocked at all times during hours of operation except for
ingress/egress, deliveries and in cases of emergency.
15. That there shall be no coin-operated telephones on the property that are located outside the
building (which building is within the control of the applicant).
16. (a) That a valid license shall be obtained from the California Department of Alcoholic
Beverage Control for the approved conditional use (on-premises sale and consumption
of beer and wine in an existing restaurant in conjunction with meal service).
(b) If a valid license has not been issued by the California Department of Alcoholic Beverage
Control within one (1) year from the date of this decision, this conditional use permit shall
expire.
17. That the subject conditional use is approved for a period of one (1) year firom the date of this
decision and shall expire on May 4, 1996.
18. 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.
19. That prior to commencement of the activ'tty authorized by this decision or within a period of one (1)
year from the date of this decision, whichever occurs first, Condition Nos. 12, 16(a) and 18,
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.
20. 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 4th day of May 1995.
Annika M. antalahti
Zoning Administrator
NOT{CE: 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 co y of the decision to the applicant and did forward
a copy to the City Clerk.
DATE: May 4, 1995 .~- ~,~(~~ ~
Betty Preston
Sr. Office Specialist
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