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Resolution-ZA 1994-01 DECISION NO. ZA 94-01 A DECISION OF THE ZONING ADMINISTRATOR APPROVING CONDITIONAL USE PERMIT NO. 3657 OWNERS: Jameel Hawn Zaini Abdullah Ahmed Mejjailid Robert L. Meyer 1620 South Hanley St. Louis, MO 63144 AGENT: Cheryl Bartolini 14715 Jeffrey Road Irvine, CA 92714 LOCATION:. ` 600 West Lincoln Avenue CEQA STATUS: Negative Declaration HEARING DATE: January 6, 1994 OPPOSITION: No one indicated their presence at the public hearing in opposition. REQUEST: .Petitioner requests approval of a conditional use permit under authority of Code Section 18.45.050.010 to permit on-premise sale and consumption of beer and wine inside an existing drive-through, fast food restaurant. 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 Coder 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; 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 because the sale and consumption of beer and wine will be only by customers dining inside the restaurant; 3. 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; 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 the 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. za-C3657.wp - 1 of 3 - ZA 94-01 • • CAL{FORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal to permit on-premise sale and consumption of beer and wine inside an existing drive-through, fast- food restaurant on arectangularly-shaped parcel of land consisting of approximately 0.4 acre, having a frontage of approximately 135 feet on the south side of Lincoln Avenue, having a maximum depth of approximately 192 feet, being located approximately 445 feet west of the centerline of Harbor Boulevard and addressed at 600 West Lincoln Avenue (EI Conejo restaurant); 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. 3657, subject to the following conditions: That the petitioner shall file for reclassffication of subject property from the CG "Commercial, General" to the CL "Commercial, Limited" Zone. 2. That, as recommended by the Police Department, the petitioner shall continuously adhere to the following conditions: a. Food service consisting of meals shall be available until closing time on each day of operation. b. The alcoholic beverage license (beer and wine) shall not be exchanged for a public premises type of license nor shall the business be operated as a public premises. c. The sale of alcoholic beverages (beer and wine) for consumption off the premises is prohibited. d. The quarter{y gross sales of alcoholic beverages (beer and wine) shall not exceed the gross sales of food or other commodities during the same period. e. There shall be no live entertainment or dancing permitted on the business premises at any time. f. 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 alcoholic beverages. g. .The parking lot of the business premises shall be equipped with lighting of sufficient power of illuminate and make easily discernible the .appearance and conduct of all .persons on or about the parking lot h. There shall be no bar or lounge area on the premises maintained for the purpose of sale, service or consumption of alcoholic beverages directly to patrons for consumption. There shall be no pool tables or coin-operated games maintained on the premises at any time. Subject Conditional Use Permit No. 3657 shall become null and void ff a valid license has not been issued by the Department of Alcoholic Beverage Control within one (1) year from the date of this decision. za-C3657.wp - 2 of 3 - ZA 94-01 • • k. No alcoholic beverages shall be consumed bn any property adjacent to the licensed premises under the control of the applicant. 3. That no sales or consumption of beer and wine shall be permitted outside the restaurant building unless specific plans for a barrier wall enclosing the outdoor seating area are first submitted to the Zoning Administrator for review and approval as a "Report and Recommendation" item.. Said plans shall be dimensioned and shall include building materials, proposed color(s) to complement the existing building, and proposed landscaping to be planted along the barrier wall in compliance with Section 18.04.060.040 "Landscaping for Screening of Fences/Block Walls." 4. That no sales and/or service of beer or wine shall take place from the drive-up window. 5. That a Lot Line Adjustment plat to combine the three (3) existing lots into one (1) shall be submitted to the Subdivision Section for review and approval by the City Engineer. Following approval, it shall be recorded in the Office of the Orange County Recorder. 6. That subject petition is hereby granted for a period of one (1) year from the date of this decision. This time limitation may be deleted or modified at the request of the petitioner in conjunction with a public hearing. 7. That subject property shall be developed substantially in accordance with plans and specffications submitted to the C'dy of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3. 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, Conditions No. 1, 2.j and 5, 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. 9. That approval of this application constitutes approval of the proposed request only to the extent that R 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 13th day of January 1994. nnika M. Santalahti Zoning Administrator NOTICE: This decision shall become final unless an appeal to the City Council, in wrfting, accompanied by an appeal fee, is filed with the City Clerk within 15 da s of the date of the signing of this decision or unless members of the City Council shall request to review this decision within said. l5 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 C'~ty Clerk.. f DATE: January 13, 1994 ~~"~'~ Betty Preston Sr. Office Specialist za-C3657.wp - 3 of 3 - ZA 94-01 CITY OF ANAHEIM, CALIFORNIA Planning Department January 13, 1994 Alcoholic Beverage Control 28 Civic Center Plaza, Room 369 Santa Ana, CA 91701 Attention: Licensing Supervisor Enclosed is a copy of Decision No. 94-01 made by the City of Anaheim Zoning Administrator on January 13, 1994 approving Conditional Use Permit No. 3657 to permit on-premise sale and consumption of beer and wine at 600 West Lincoln Avenue, Anaheim, California. Approval of this .conditional use permit may include specific conditions which must be satisfied before commencement of the approved use. Please check the decision for such conditions. There is a 15-day appeal period following the date the written decision is signed (this occurs within seven days after the public hearing) after which the Zoning Administrator's action becomes final unless scheduled for a public hearing by the City Council. If you have any questions relative to .the above action, please call the Planning Department for assistance. Sincerely, ~' ( iY.e~d~ Betty Preston Sr. Office Specialist abc3657.wp 200 South Anaheim Boulevard P.O. Box 3222, Anaheim, California 9L803 (714)L54-5,139