Resolution-ZA 2000-29x ~
DECISION NO. ZA 2000-29
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO.2000-04241
OWNER: Imperial Properties
P.O. Box 7250
Newport Beach, CA 92858
AGENT: Art Rodriguez and Associates
709 East Colorado Boulevarcl, # 210
Pasadena, CA 91101
LOCATION: 5775 East Santa Ana Cannon Road
HEARING DATE: August 10, 2000
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence in opposition was received.
REDDEST: Petitioner requests approval of a conditional use permit under authority of Code
Sections 18.12.050.010, 18.44.050.010 and 18.84.061 to permit on-premises sale and
consumption of alcoholic beverages in an enclosed restaurant.
Having been appointed Zoning Administrator by the Planning Diredor to decide the above-referenced
petition, pursuant to Anaheim Municipal Code Sedion 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.
Z. That the proposed use will not adversely affed the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the previous restaurant
which occupied this tenant space also served beer and wine with sit-down meals.
3. That the size and shape of the site for the proposal 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 cant' the traffic in the area because this tenant space
was previously occupied by a restaurant.
That granting this conditional use permit, under the conditions imposed, will not be detrimental to
the peace, hearth, safety and genera! 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 sale and consumption of alcoholic beverages in an enclosed
restaurant on irregularly-shaped, 15-acre property located at the northeast comer of Santa Ana Canyon
Road and Imperial Highway, with frontages of 1,095 feet on the north side of Santa Ana Canyon Road
and 570 feet on the east side of Imperial Highway, and further described as 5775 East Santa Ana Canyon
Road (Canyon Plaza Shopping Center); and that the Planning Diredor or his authorized representative
has determined that the proposed project is Categorically Exempt, Class 1, under Section 15061, of the
State of California Environmental Quality Act Guidelines.
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Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2000-04241, subject to the following conditions:
1. That subject restaurant shall continuously adhere to the following conditions, as required by the
Anaheim Police Department:
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 maintained upon the premises at any time.
e. That 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 Professions Code.
f. That the sale 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, for
inspection by any City of Anaheim official during reasonable business hours.
g. That there shall be no live entertainment, amplified music or dancing pemitted on the
premises at any time without issuance of proper permits as required by the Anaheim
Municipal Code.
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 within, promoting or indicating the availability of alcohol beverages.
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 11:00 a.m. and 12:00 midnight, seven (7) days a week.
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 and egress, to permit deliveries, and in cases of emergency.
o. That there shall be no public telephones on the premises located outside the building.
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p. That the portion of this permit regarding the sale 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 all existing mature landscaping shall be maintained and immediately replaced in the event that
it becomes diseased or dies.
3. That no sign advertising this restaurant shall be lighted between the hours of midnight and 6:30
a.m.
4. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by
the petitioner (i.e., one (1), four (4) foot high, twenty eight (28) square foot freestanding monument
sign) and one (1) wall sign, in accordance with Code Section 18.05.091. Any additional signs shall
be subject to review and approval by the Zoning Administrator as a "Reports and
Recommendations" item.
5. That any roof-mounted equipment shall comply with Anaheim Municipal Code Section
18.84.062.032 pertaining to the "SC" Scenic Corridor Overlay Zone. Such information shall be
specifically shown on the plans submitted for building permits.
6. 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, 2 and 3, and as conditioned herein.
7. 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 No. 6, 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 Municpal Code. Further, if an extension of time
is requested for the alcohol sales portion of this request, it shall be considered at a noticed public
hearing.
8. 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 17m day of August, 2000.
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nnika 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: August 77, 2000 1 ' Q~ C-LY
ielle Masci ord ~cessing Operator
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