Resolution-ZA 1998-08.~. ~ s
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DECISION NO. ZA 98-08
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT N0.3968
OWNER: Mennen Industries Inc.
2305 Cherry
Long Beach, CA
AGENT: J.D. Property Management
Attn: Pastor Gamez
3520 Cadillac Avenue, "B°
Costa Mesa, CA 92626
LOCATION: 2115 East Ball Road
HEARING DATE: March 26, 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 18.12.050.010 and 18.44.050.010 to permit a fast food restaurant with on-
premises sale and consumption of beer and wine, and with waiver of the following:
Sections 18.06.050.020 Minimum number of parking spaces.
18.06.050 (197 spaces required for this commercial center;
18.06.080 172 spaces. existing)
18.12.060.110
and 18.44.066.050
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 fast food 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
CL (commercial, Limited) zone;
2. That, as conditioned herein, the proposed use is approved for a period of two years only and that
the sale of beer and wine shalt be for on-premises consumption only;
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;
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 wilt not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area;
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6. That 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;
7. That no one appeared at the public hearing in opposition to the proposal, and that no
.correspondence in opposition to the proposal was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to permit a fast food restaurant with on-premises sale and consumption of beer
and wine, and with waiver of the minimum number of parking spaces on an irregularly-shaped, 2.8-acre
property having a frontage of 555 feet on the north side of Ball Road, having a maximum depth of 238
feet, and being- located 177 feet west of the centerline of Belhaven Street; 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. 3968, 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, whichever occurs first,. on each day of operation.
d. That there shall be no pool tables or other arcade 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 California Business and Professions Code.
f. That the sales of alcoholic beverages (beer and wine) shall not exceed 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 (beer and wine) for consumption off the premises shall
be prohibited.
i. 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 alcohol beverages, with
the exception of one (1) sign indicating "cocktails."
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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 beer and wine shall be permitted only between the
hours of 10:00 a.m. and 11:00 p.m., Sunday through Monday.
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 afl 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 there shall be no coin-operated telephones on the property that are located outside the
Building and within the control of the applicant; provided, however, that the existing
telephone(s) in front of the "7-11"Store shall Be permitted to remain.
o, That the portion of this permit regarding the sales of alcohol: shall expire one year from the
.date of approval unless a valid license has been issued by the California Department of
Alcoholic Beverage Control
2. That subject conditional use permit is limited to on-premises sale and consumption of beer and.
wine only, and shall expire two (2) years from the date of this decision on March 26, 2000.
3. 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.
4. 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.
5. That any roof-mounted equipment shall be screened from the public view and from any surrounding
residential zones.. Such information shall be specifically shown on the plans submitted for building
permits.
6. That the owner ofsubject property shall submit a letter requesting ermination Conditional Use
Permit No,-1876 (to permit on-premises sale and consumption of alcoholic beverages within a
lodge) to the Zoning Division.
7. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim bythe petitioner and which plans are on file with the Planning
Departnnent marked Exhibit Nos. 1 and 2, and as conditioned herein.
8. '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.°5, 6 and 7,
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. Further, if
an extension of #ime is requested-for the alcohol sales portion of this request, it shall be considered
at a noticed public hearing.
9. 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 2nd day of April 1998.
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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 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: April 2, 1998 f~ r ~ ~- ~ ~~-I
atricia Koral, Word Processing Operator~''V
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