Resolution-ZA 1995-28t~
.DECISION NO. ZA 95-28
A DECISION OF THE ZONING ADMINISTRATOR-
APPROVING CONDITIONAL USE PERMIT NO. 3798
OWNER:
AGENT:
LOCATION
Weir Partners, Ltd.
2910 Redhill Avenue #210
Costa Mesa, CA 92626
Joseph D. Carroll
2910 Redhill Avenue #210
Costa Mesa, CA 92626
721 South Weir Canyon Road. Suite 125
CEQA STATUS: Negative Declaration
HEARING DATE: October 12, 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 permits on-premise consumption of beer and wine
in conjunction with 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 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;
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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal to permit on-premises consumption of beer and wine in conjunction with an existing restaurant on
an irregularly-shaped parcel of land consisting of approximately 11.9 acres located at the southwest corner
of Weir Canyon Road and Serrano Avenue, having approximate frontages of 700 feet on the southwest side
of Weir Canyon Road and 324 feet on the west side of Serrano Avenue; and does hereby approve the
Negative Declaration upon finding that she has considered the Negative Declaration together with any
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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, under the State of California Environmental Quality Act Guidelines.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional Use
Permit No. 3798, subject to the. following conditions:
1. That the business 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 licensed premises unless licensed by the
Alcohol Beverage Control and approved by the City of Anaheim.
3. That food service with full meals 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 or coin-operated games maintained upon the premises at any
time.
5. That the subject alcoholic beverage license shall not be exchanged fora "public premises" (bar)
type license nor shall the establishment be operated as a "public premises" as defined in Section
23039 of the California Business and Profession Code.
6. That the gross sales of alcoholic beverages 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 showing 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. There shall be no live entertainment, amplified music or dancing permitted on the premises at any
time without issuance of proper permits as required by the Anaheim Municipal Code.
8. That the sale of beer and/or wine for consumption off the premises shall be prohibited.
9. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from inside, promoting or indicating the availability of alcoholic beverages.
10. That the sales, service and consumption of beer and wine shall be permitted only between the hours
of 10:00 a.m. and 11:00 p.m. daily.
11. 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 all 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.
12. That the portion of the permit regarding the sates of beer and wine shall expire one (1) year from
the date of this decision unless a valid. license has been issued by the California Department of
Alcoholic Beverage Control. (Section 18.03.070 Anaheim Municipal Code)
13. That subject property shall be developed substantially in accordance with the plans 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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14. 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. 11 and 13, 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.
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 19th day of October 1995.
~~
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 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: October 19, 1995
Betty Preston Q~--
Sr. Office Specialist
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