Resolution-ZA 1997-32~'..~
DECISION NO. ZA 97-132
A DECISION OF THE ZONING ADMITTISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3980
OWNER: Brookhurst Shopping Center
2293 West Ball Road
Anaheim, CA 92804
LOCATION: 2241 West Ball Road
CEQA STATUS: -Negative Declaration
HEARING DATE: December 18, 1997
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 premises 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:
L .That the on-premises sale and consumption of alcoholic beverages (beer and wine) in conjunction
with an existing restaurant is a use which 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 this use will be part of an
existing tenant space which is adequate in size and shape to allow both the existing restaurant
use and the accessory beer and wine sales; and that the use will not adversely impact the uses in
the shopping center nor the surrounding area;
3. That the size and shape of the site for the proposed use is adequate to allow 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 traffic in the area because the use will not produce
additional traffic nor place anundueburden upon Ball Road, Brookhurst Street or other streets
and highways in the area;
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; and
6. That information submitted by the petitioner indicates the business will operate primarily as
a restaurant; with beer and wine sales -for on-premises consumption being an accessory
portion of the business; and hat the floor plan shows a large kitchen area exceeding 20% of
the gross floor area (the minimum required by-the Zoning Code).
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CALIFORNIA ENVI1tONMENTALSUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal for on-premises sale and consumption of beer and wine in an existing 2,343 sq.ft.
restaurant on a 15.86-acre, irregularly-shaped property located at the northwest corner of Ball Road and
Brookhurst Street (China Wall Restaurant, 2241 West Ball Road), 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 fiuther 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. 3980, subject to the following conditions:
1. That subject restaurant shall continuously. adhere to the following conditions, as required by the
Police Department:
a. 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.
b. 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.
c. That food service with a full meal shall be available from opening time until either
10:00 p.m. or closing time, whicheveroccurs first, on each day of operation.
d. That there shall be no pool tables maintained upon the premises at any time.
e. That subject alcoholicbeverage 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 Professions Code.
f. That the sales of alcoholic beverages shall not exceed forty percent (40%) of a gross
sales of all retail sales during any three{3) month period. The applicant shall
maintain records ona quarterly basis indicating the separate amounts of sales of
alcoholic beverages and other items. These records shall be made available, subject to
audit, when requested for. inspection by arty City of Anaheim official during reasonable
business hours.
g. That 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..
h. That the sale of alcoholic beverages for consumption off the premises shall be
prohibited.
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 alcohol
beverages, with the exception of one (1) sign indicating "cocktails."
j. That the activities occurring in conjunction with the operation of this establishment
shall not cause noise disturbance to surrounding properties.
k. That sales, service and consumption of alcoholic beverages shall be permitted only
between the hours of Mondays through Thursdays: 11 a.m. and 9 p.m.
Fridays through Sundays: 11 a.m. and 9:30 p.m.
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1. 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.
m. That the business operator shall comply with Section 24200.5 of 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.
n. That all doors serving subject restaurant shall conform to the requirements of the
Uniform 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.
o. That there shall be no coin-operated telephones on the property that are located outside
the building and within the control of the applicant.
p. That the portion of this permit regarding the sales of alcohol 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
2. That the proposal shall comply with all signing requirements of the CL (Commercial Limited)
Zone unless a variance allowing sign waivers is approved by the Planning Commission or City
Council.
3 . That the owner of subject properly shall be responsible for removal of any on-site graffiti within
twenty four. (24J hours of its application.
4. That the owner of subject property. shall submit a letter requesting termination of Conditional
Use Permit Nos. 399 (to establish a Mexican restaurant with on-premises sale and consumption
of beer and wine at 905 South Brookhurst Street), 982 (to permit on-premises sale and
consumption of alcohol in conjunction within an existing restaurant at 2219 and 2221 West
Ba11 Road), 1041 (to establish a walla-up restaurant), and 1220 (to permit on-premises sale and
consumption of alcohol in a cocktail lounge at 2221 West Ball Road) to the Zoning Division.
5. 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, and as conditioned herein.
6. 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. 1.1, l.p, 4 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.
7. 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.
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This decision is made, signed, and entered into the file this 24th day of December, 1997.
`~7/I-
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 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: December 24, 1997
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