Resolution-ZA 2001-40n
DECISION NO. ZA 2001-40
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2001-04454, IN PART
OWNER: American Investments Chino, LLC
301 Forest Avenue
Laguna Beach, CA 92651
Attention: Alec D. Glasser
LOCATION: 430 South Anaheim Hills Road, Suite D (Anaheim Hills Plaza)
CEQA STATUS: CEQA Categorical Exemption, Class 1
HEARING DATE: November 1, 2001
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 approval of a conditional use permit under authority of Code
Sections 18.12.050.010 and 18.44.050.300 to permit on-premises sale and
consumption of beer and wine in a proposed full-service restaurant within a commercial
retail shopping center in the CL(SC) (Commercial, Limited -Scenic Corridor Overlay)
Zone with waiver of the following:
Sections 18.06.050.020.023.0232 - Minimum number of oarkin4 spaces.
18.06.080
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 waiver of minimum number of parking spaces is hereby denied on the basis
that the proposed use in the existing shopping center complies with the Code-required parking.
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.
3. That the proposed use will be in an existing tenant space in a commercial center and
the size and shape of the site is adequate to allow full development of the proposal 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; and that the parking
provided for this shopping center including the proposed restaurant exceeds Code requirements.
5. That granting 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.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2001-04454, in part, subject to the following conditions:
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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.
2. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control ("ABC") and approved by the City of Anaheim.
3. That food service with a full meal shall be available in this restaurant from opening time until either
10:00 p.m. or closing time, whichever occurs first, on each day of operation.
4. That there shall be no pool tables maintained upon the premises at any time.
5. 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.
That the sale of beer and wine 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 beer and wine and other items. These records shall be
made available and subject to audit when requested for inspection by any City of Anaheim official
during reasonable business hours.
7. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without the prior issuance of proper permits, as required by the Anaheim Municipal Code.
8. That the sale of beer and wine for consumption off the premises shall be prohibited.
9. 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.
10. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
11. 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.
12. 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, to permit deliveries and in cases of emergency.
13. That there shall be no public telephones on the premises located outside the building, as required
by the Anaheim Police Department and the Code Enforcement Division of the Planning
Department.
14. That the business owner shall obtain a valid license from the California Department of Alcoholic
Beverage Control ("ABC") for the sale of beer and wine in conjunction with this restaurant.
15. That beer and wine shall only be sold and served to diners at tables with meal service; and that no
beer or wine shall be served over the counter. Furthermore, beer and wine shall be served only in
glassware and shall not be served in disposable or plastic cups or containers.
16. That the business owner shall obtain a valid business license from the Business License Division of
the City Finance Department for the full-service restaurant with the sale of beer and wine.
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17. That the hours of operation shall be limited to Monday through Friday from 11 a.m. to 10 p.m., and
Saturday and Sunday from 5 p.m. to 10 p.m., as stipulated by the petitioner.
18. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 3108 (to permit sale of beer and wine for on-premises
consumption in an existing restaurant at 430-C South Anaheim Hills Road).
19. That the proposal shall comply with all signing requirements of the CL(SC) Zone unless a variance
allowing sign waivers is approved by the Planning Commission or City Council.
20. 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.
21. 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. 14, 16, 18 and 20,
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. If an
extension of time is requested in order to obtain a valid license from the California Department of
Alcoholic Beverage Control, it shall be considered at a noticed public hearing.
22. 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 8th day of November 2001.
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Annika M. Santala ti, 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: November 8, 2001 ~ ~
atricia Koral, Sr ord Processing Operator
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