Resolution-ZA 1998-03~ ~ •
DECISION NO. ZA 98-03
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT N0.3986
OWNER: Tom. Hart and Linda R. Hart
1738 West Francis Drive
Anaheim, CA 92801
AGENT: S. Robert Adams
954 Temple Terrace
Laguna Beach, CA 92651
LOCATION: 406 South Anaheim Boulevard
CEQA STATUS: Negative Declaration
HEARING DATE: February 12, 1998
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 18.12.050A10 and 18.61.050.390 to permit a restaurant (including a bar) with
on-premises sale and consumption of alcoholic beverages (beer and wine) and with
waiver of the following:
Sections 18.06.050.0232 - Minimum number of required garkina spaces.
18.06.050.0236 L spaces required; 27 existing and proposed,
18.06.080 as concurred with by the City Traffic and
18.12.060.110 Transportation Manager)
and .18.61.066.050
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 a restaurant with on-premises sale of beer and wine, is
properly one for which a conditional use permit is authorized by the Zoning Code in the ML
(Limited industrial)zone;
2. That the proposed use, as approved, wilt not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located;
3. Thatthe size and. shape of the site for the proposed use, as approved, is adequate to allow the
fuU development of the proposed use in a manner not detrimental to the particular area nor to
the peace, fieaith, 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 approval of this 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 to permit a restaurant (including a bar) with on-premises sale and consumption of
alcoholic beverages (beer and wine) and with waiver of minimum number of required parking spaces on
arectangularly-shaped 0.34-acre parcel, having a frontage of 100 feet on the east side of Anaheim
Boulevard, a maximum depth of 149 feet and being located 380 feet south of the centerline of Broadway
(406 South Anaheim Boulevard -The Covered Wagon); 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. 3986, subject to the following conditions:
1. That the petitioner shall submit plans showing a minimum of twenty seven (2'n parking spaces to
the City Traffic and Transportation Manager for review and approval; and that said plans shall
show conformance with the latest revisions of Engineering Standard Plan Nos. 436 and 602
pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
2. That approval of this conditional use permit is contingent upon the food preparation area being a
minimum of twenty percent (20%) of the total gross floor area of this restaurant; and that said
minimum shalt be maintained of all times.
3. That subject restaurant shall continuously adhere to the following conditions, as required by the
Potice 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 at all times.
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, whichever occurs first, on each day of operation.
d. That, except as specifically shown on the floor plan submitted by the petitioner (Revision
No. 1 of Exhibit No. 2), there shall be no pool tables or any coin-operated games/amusement
devices..maintained..upon.the premises..at any.time...- -
e. 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 Califomia Business and Professions Code.
f. That the sales of alcoholic beverages shall .not exceed forty percent (40%) of 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, subject to audit and, when requested inspection by any
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.
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i. That 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 alcohol
beverages, with fhe exception of one {1) sign indicating "beer and wine "
j. Thaf 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 10:00 a.m. and 10:00 p.m., Monday through Sunday.
I. 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 to 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. Thatthe portion of this permit regarding the sales of alcohol shall expire one (1) year from
the date of approval unless a valid license has been issued by the California Department of
Alcoholic Beverage Control.
4. That the proposal shall comply with all signing requirements of the ML (Limited Industrial) Zone
unless a variance allowing sign waivers is approved by the Planning Commission.
5. That lighting .fixtures in any proposed parking area located adjacent to any. residential property
shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be
directed away from adjacent residential property lines to protect the residential integrity of the
area.
6. That the owner of subject property shall be responsible for the .removal of any on-site graffiti
within twenty four{24) hours of its application.
7. That the owner of subject property shall submit a letter requesting termination of Conditional Use
Permit No. 764 (permitting a restaurant with walk-up facilities and with waivers of minimum
required front etback, required landscaping, required wall abutting residential property, and
minimum number of parking spaces). to the Zoning Division.
8. That the premises shall be limited to on-premises sale and consumption of beer and wine only,
and that any future requests for sales of alcoholic beverages shall require a new conditional use
permif.
9. That subject property shalt 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 Revision No. 1 of F_xhibit Nos. 1 and 2, and as conditioned
herein.
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10. 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, 5, 7 and 9,
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.
11. That subject use permit shall expire one (1) year from the date of this resolution, on February 12,
1999.
12. 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 February, 1998.
Annika M. Santalahati, 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 days 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: February 19, 1998 ~~^-~~ r~Ct G- ~ a rat
Patricia ICoral, Word Processing Operator
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