Resolution-ZA 1995-03
DECISION NO. ZA 95-03
C~
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3744
OWNER: Spyridon Rados
2401 North Nicolas Drive
Fullerton, CA 92644
LOCATION: 605 South Brookhurst Street
CEQA STATUS: Negative Declaration
HEARING DATE: March 2, 1995
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 conditional use permit. under authority of Code Sections
18.12.050.010, 18.12.050.015, 18.44.050.010 and 18.44.050.300 to permit a 720 sq.ft.
semi-enclosed expansion of an existing 3,661 sq.ft. enclosed restaurant with on-premises
sale and consumption of beer and wine.
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:
That the proposed use is properly one for which a Conditional Use Permit is authorized by the
Zoning Code;
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 outdoor area will be
enclosed by a wall;
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, if any, wi11 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 a 720 sq.ft. semi-enclosed expansion of an existing 3,661 sq.ft. enclosed restaurant with
on-premises sale and consumption of beer and wine on arectangularly-shaped parcel of land consisting
of approximately 0.61 acre located at the southwest corner of Orange Avenue and Brookhurst Street, having
frontages of approximately 154 feet on the south side of Orange Avenue and 124 feet on the west side of
Brookhurst Street; 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
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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. 3744, subject to the following conditions:
1. That minimum fifteen (15) gallon sized trees, on a ratio of one (1) tree for every twenty (20) linear
feet of street frontage, shall be planted and maintained along Brookhurst Street and Orange Avenue,
and that appropriate irrigation facilities shall also be installed.
2. That the establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Section
23038 of the Alcoholic Beverage Control Act.
3. 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.
4. That food service consisting of meals shall be available up until closing time on each day of
operation.
5. That there shall be no pool tables or coin-operated games maintained upon the premises at any
time.
6. That the subject alcoholic beverage license shall not be exchanged for a public premises (bar) type
license nor operated as a public premises.
7. 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.
8. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time.
9. That any entertainment provided shall not be audible beyond the area under the control of licensee.
10. That the applicant shall be responsible for maintaining a litter free area adjacent to the premises
over which the applicant has control.
11. That the sale of beer and/or wine for consumption off the premises is prohibited.
12. 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.
13. That no alcoholic beverages shall be consumed on any property under the control of the applicant
and .adjacent to the licensed premises.
14. That the sales, service and consumption of alcoholic beverages shall be permitted only between the
hours of 9:00 am and 10:00 pm.
15. That the parking lot of 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.
16. 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.
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17. That the outdoor dining area shall be completely enclosed by fencing or another similar permanent
structure, a minimum of forty inches (40") high, into which entry is only possible from the interior
of the restaurant. Emergency exits required by the Uniform Fire Code shall be maintained, but shall
not be utilized by patrons and/or employees other than in an emergency, in accordance with
Section 24040 Alcoholic Beverage Control Act.
18. 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.
Such information shall be specffically shown on the plans submitted for building permits.
19. 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.
20. That the applicable traffic signal assessment fee shall be paid to the City of Anaheim in an amount
established by City Council Resolution.
21. That the developer shall pay a traffic and transportation improvement fee to the City of anaheim,
Traffic Engineering division, in an amount established by the City Council Ordinance/Resolution.
This fee will be used to fund traffic and transportation improvements within this area impacted by
this project. Said fee shall be subject to adjustment by the City Council.
22. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436,
601 and 602 pertaining to parking standards and driveway location. Subject property shall
thereupon be developed and maintained in conformance with said plans.
23. That no new driveway shall be permitted for this site.
24. That no compact-sized parking spaces shall be permitted.
25. That an on-site trash truck turn around area be provided in accordance with Engineering Standard
Detail No. 610 and as required by the Department of Maintenance.
26. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim a corner
cutoff easement for public street purposes at the corner of Brookhurst Street and Orange Avenue.
27. That a fee, in the amount of three hundred .fourteen dollars and f'~fty cents ($314.50) per one
thousand (1,000) sq.ft. of additional restaurant area, shall be paid to the City of Anaheim for sewer
capacity mitigation.
28. .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 through 3.
29. That prior to issuance of a building permit. or prior to commencement of the activity herein
approved, or within a period of one (1) year from the date of this decision, whichever occurs first,
Condition Nos. 18, 19, 20,.21, 22,26 and 27, 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.
30. That prior to final building and zoning inspections or prior to commencement of the activity herein
approved, whichever occurs first, Condition Nos. 1, 15, 16, 17, 25 and 28, above-mentioned, .shall
be complied with.
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31. That approval of this application constitutes approval of the proposed request only tothe-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.
nnika 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 Preston
Sr. Office Specialist
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CITY OF ANAHEIM, CALIFORNIA
Planning Department
March 23, 1995
Mark H. and Kamala Balan
406 South Mohler Drive
Anaheim, CA 92807
RE: Variance No. 4248
406 South Mohler Drive
Please be advised that your request for Substantial Conformance Review of revised site,
floor and elevation plans (labeled Exhibit Nos. 1 through 4, and dated March 16, 1995), to
construct apreviously-approved detached recreation room with roof-top sun deck and with
waiver of structural setback and yard area requirement, was approved by the Zoning
Administrator at the March 16, 1995 meeting.
If you have any questions regarding this matter, please contact Karen Atkinson-Dudley,
Associate Planner, at (714} 254-5139, Ext. 5738.
Sincerely,
'~
Betty Preston
Sr. Office Specialist
v4248.wp
cc: Bruce C. Manner
The Manner Company
24125 Pandora St.
Lake Forest, CA 92630
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92803 (714) 254.5139
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