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Resolution-ZA 1995-02• DECISION NO. ZA 95-02 • A DECISION OF THE ZONING ADMINISTRATOR APPROVING CONDITIONAL USE PERMIT NO. 3743 OWNER: Audrey S. Pashley, Trustee 2404 Vista Nobleza Newport Beach, CA 92660 AGENT: Eva Sloan, C.R.H.O. Inc. 195 South "C" Street, #200 Tustin, CA 92680 LOCATION: 2580 West La Palma Avenue CEQA STATUS: Negative Declaration HEARING DATE: March 2, 1995 OPPOSITION: No one spoke in opposition; however, a faxed letter of opposition was received from Magnolia School District Board of Trustees. REQUEST: Petitioner requests approval of a Conditional Use Permit under authority of Code Sections 18.12.050.010 and 18.44.050.010 topermit on-premise sales and consumption of beer and wine in an existing semi-enclosed, 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 Code: 1. That the proposed use is properly one for which a Conditional Use Permit is authorized by the Zoning Code; 2. That the proposal is approved for a period of one year, during which time the petitioner must obtain the appropriate permit from Alcoholic Beverage Control; and, if approved by A.B.C., the City can observe and analyze any impacts of the use before any future use permit is approved allowing the use to continue; 3. 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 sales and consumption will take place inside the building only and not at the drive through window nor in any outdoor seating area; 4. 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; 5. 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 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. ZA-C3743.wp - 1 of 3 - ZA 95-02 • • CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for on-premise sale and consumption of beer and wine in an existing semi-enclosed, drive-through fast food restaurant located on arectangularly-shaped parcel of land consisting of approximately 0.50 acre located at the southeast corner of La Palma Avenue and Magnolia Avenue, having approximate frontages of 147 feet on the south side of La Palma Avenue and 147 feet on the east side of Magnolia 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. 3743, subject to the following conditions: 1. That the sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 AM and 10:00 PM. 2. That there .shall be no bar or lounge area upon the licensed premises maintained for the purpose of sale, service or consumption of acholic beverages directly to patrons for consumption. 3. That food service consisting of meals shall be available up until closing time on each day of operation. 4. That there shall be no pool tables or coin-operated games maintained upon the premises at any time. 5. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license nor operated as a public premises. 6. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or other commodities during the same period. The owner of the establishment shall, upon request, provide the City of Anaheim with an audited report of sales ratio of food to acholic beverages. 7. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time. 8. That the sale of beer and/or wine for consumption off the premises is 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 alcoholic beverages. 10. That no alcoholic beverages shall be consumed on any property under the control of the applicant and adjacent to the licensed premises. 11. That the parking lot of the premises shall be equipped wfth lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. 12. That lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window area of nearby residences. 13. That the premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurants. 14. That the applicant shall be responsible for maintaining a litter free area adjacent to the premises over which he has .control. ZA-C3743.wp - 2 Of 3 - ZA 95-02 • i 15. That all sales and consumption of beer and/or wine shall be wholly inside the building. No alcoholic beverages shall be sold via any drive-up window. 16. That subject conditional use permit is hereby granted for a period of one (1) year to expire on March 2, 1996. 17. 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. 18. 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. 19. That an on-site trash truck turn-around area shall be provided and maintained to the satisfaction of the Department of Maintenance. 20. That subject property shall be developed substantia{ly in accordance with plans and specffications 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. 21. That the appropriate fees due for primary water mains and fire protection service shall be paid to the Water Engineering Division in accordance with the Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. 22. That prior to commencement of the activity authorized by this decision or within a period on one (1) year from the date of this decision, whichever occurs first, Condition Nos. 11, 12, 17, 18, 19, 20 and 21, 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. 23. 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 9th day of March 1995. 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 1515 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: March 9, 1995 Betty Presto Sr. Office Specialist ZA-C3743.wp - 3 of 3 - ZA 95-02