Resolution-ZA 1994-09• •
DECISION NO. ZA 94-09
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3673
OWNER: Lakeview Plaza Investment Co., Ltd.
c/o Investment Concepts, Inc.
777 South Main Street, Suite 161
Orange, CA 92668
AGENT: Mark Petz
26642 Merienda, No. 5
Laguna Hills, CA 92656
LOCATION: 416 North Lakeview Avenue (Three Roses Italian Cuisine)
CEQA STATUS: Negative Declaration
HEARING DATE: May 12, 1994
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 condftional use permit under authority of Code Sections
18.12.050.010 and .18.44.050.010 to permit the on-premise sales and consumption of beer
and wine in conjunction with an existing full service 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 Code:.
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;
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 there is not an overconcentration of the on-premises sale of alcoholic beverages in the area;
5. 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
6. 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal to permit the on-premises sale and consumption of beer and wine in conjunction with an existing
full service restaurant on an irregularly-shaped parcel of land consisting of approximately 3.1 acres, located
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north and east of the northeast corner of McKinnon Drive and Lakeview Avenue, having approximate
frontages of 119 feet on the north side of McKinnon Drive and 248 feet on the east side of Lakeview Avenue;
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. 3673, subject to the following conditions:
1. 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.
2. That there shall be ~no bar or lounge area upon the premises maintained for the purpose of sale,
service or consumption of alcoholic beverages directly to patrons for consumption.
3. That the alcoholicbeverage license shall not be exchanged for a public premises type license nor
operated as a public premises.
4. That the sale of beer and/or wine` for consumption off the premises is prohibited.
5. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or
other commodities duringthe same period.
6. That there shall be no amplified music or dancing permitted on the premises at any time.
7. That no entertainment .shah be provided without a valid Entertainment Permit having first been
issued by the Business License Division.
8. That there shall be no pool tables or coin-operated games maintained upon the premises at any
time.
9. That. trash storage areas shall be provided and. maintained in a location acceptable to the
Department of Maintenance and in accordance with approved plans on file with said Department.
10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the.. Department of Maintenance for review and approval
11. That an on-site trash truck turn-around area shall be .provided and maintained to the satisfaction of
the .Department of Maintenance.
12. 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 Nos. 1, 9, 10, and 11 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.
13. 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 orfindings 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 19th day of May 1994.
i'
Annika M. antalahti
_ 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, 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: May 19, 1994 ~~~~-
Betty Pres on
Sr. Office Specialist
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~ ~
CITY OF ANAHEIM, CALIFORNIA
Planning Department
May 19, 1994
Alcoholic Beverage Control
28 Civic Center Plaza, Room 369
Santa Ana, CA 91701
Attention: Licensing Supervisor
Enclosed is a copy of Decision No. 94-09 made by the City.. of Anaheim Zoning
Administrator on May 19, 1994 approving Conditional Use Permit No. 3673 to permit the
on premises sale and consumption of beer and wine at 416 North Lakeview Avenue,
Anaheim, California.,-
.Approval of this conditional use permit may include specific conditions which must be
satisfied before the approved use can commence. Please check the .decision for such
conditions.
There is a 15-day appeal period following the written decision being placed in the U.S. Mail
(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, ~ _
%~ -
y .tie ~~ _
Betty Preston
Sr. Office Specialist
a1c3673.wp
Encl.
200 South Anaheim Boulevard
P.O. Box 3`122, Anaheim, California 92803 (714) 254-5139