Resolution-ZA 1998-30
DECISION NO. ZA 98-30
A DECISION OF THE ZONING ADMINISTRATOR
AMENDING DECISION NO. ZA 95-28, ADOPTED IN
CONNECTION WITH CONDITIONAL USE PERMIT NO. 3798
OWNER: Weir Partners, L.T.D.
1 Park Plaza, Ste. #430
Irvine, CA 92614
AGENT: Joseph D. Carroll
1 ParkPlaza, Ste. #430
Irvine, CA 92614
LOCATION: 721 South Weir Canyon Road (Rosine's Restaurant)
CEQA STATUS: CEQA Negative Declaration previously approved
HEARING DATE: October 22, 1998
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence in opposition was received.
REQUEST: Petitioner requests an amendment to this conditional use permit under authority of
Code Sections 18.03.091, 18.12.050.010 and 18.44.050.010 to permit a 900 sq.ft.
expansion to an existing 1,209 sq.ft. ful{-service restaurant with on-premises sale and
consumption of beer and wine.
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
petition., pursuant to Anaheim Municipal Code Section 1.8.12.020, 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 18.02.030A30
through 18.02.030.035 of the Anaheim Municipal Code:
1. That this Conditional Use Permit No. 3798 was originally approved on October 19, 1995, under
Decision No. ZA 95-28 to permit on-premises -sale-and consumption of beer and wine in
conjunction with an existing restaurant at 721 South Weir Canyon Road, Suite 125;- and that
Condition No. 13 of said Decision specifies that the property be developed in accordance ,with
Exhibit<Nos. 1>and 2 which>shows~a=:1,209.-sq:ft: restaurant: - -
2. That the applicant has submitted revised plans, labeled Revision No. 1 of Exhibit Nos. 1 and 2,
showing the proposed expanded restaurant will total 2,109 sq.ft.
3. That the proposal is a conditionally permitted use in the CL (SC) (Commercial,. Limited -Scenic
Corridor Overlay) Zone; and that the surrounding shopping center is large enough to support the
restaurant (including the on-premises sale and consumption of alcoholic beverages) without
adversely impacting adjacent properties or the surrounding neighborhood.
4. That the Police Department does not object to this proposal because it is an expansion of an
existing-use and an additiana{ Alcoholic Beverage Control (ABC) license is not being .proposed in
thin reporting., district and; therefore, an over-concentration of ABC licenses in the reporting
district is not created.
5. That the retail sale of beer and wine for on-premises. consumption in conjunction with an
expanded restaurant, as conditioned, will not be detrimental to the peace, health, safety, and
general welfare of the citizens of the City of Anaheim.
cup3798.doc - 1 of 2 - ZA 98-30
• •
6.
7.
8.
9.
10.
11.
That the proposed expansion will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located.
That the size and shape of the site for the. proposed expansion is adequate to allow full
development of the proposed in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
That the traffic generated by-the proposed expansion will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
That amending 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.
That the proposed amendment is reasonably necessary to permit operation under the conditional
use permit as originally granted.
That the previously-approved CEQA Negative Declaration serves as the required environmental
documentation for the proposed use, and, therefore, no further action regarding CEQA is needed.
Based on the evidence and testimony presented to me, I do hereby determine to approve the request
and amend Decision No. ZA 95-28, adopted in connection with Conditional Use Permit No. 3798, as
follows:
(a) To expand an existing 1,209 sq.ft. full-service restaurant with on-premises sale and consumption
of beer and wine to 2,109 sq.ft.; and
(b) To amend Condition No, 13 to read:
13. That subject property shall be developed substantially accordance with the plans submitted
to the City of Anaheim by the petitioner and which plans are on file with'the Planning
Department marked Revision No. 1 of Exhibits Nos. 1 and 2.
This decision is made, signed, and entered into the file this 27th day of October, 1998.
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, l 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 27, 1998
Patricia Koral, Word ro ssing perator
cup3798.doc - 2 of 2 - ZA 98-30