Resolution-ZA 1995-20• •
DECISION NO. ZA 95-20
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3783
OWNER: California State Teachers Association
c/o O'Connor Realty Advisor, inc.
399 Park Avenue
New York, NY 10022
AGENT: John Baker
c/o Rubio's Restaurant
5151 Shorman Place, Suite 260
San Diego, CA 92122.
LOCATION: 520 North Euclid Street~Anaheim Plaza
CEQA STATUS: Negative Declaration
HEARING DATE: August 31, 1995
SUPPORT: Three people appeared at public hearing in support of the proposal.
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 and 18.44.050.010 to permit on-premises sale and consumption of beer and
wine in an existing fast-food restaurant located in a food court.
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;
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 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 Permitunder the conditions imposed, if any, 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 on-premises sale and consumption of beer and wine in an existing fast-food restaurant
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in a food court on an irregularly-shaped parcel of land consisting of approximately 38.25 acres bounded on
the north by Crescent Avenue, on the east by Loam Street, on the south by the Santa Ana Freeway
(Interstate 5) and on the west by Euclid 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 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. 3783, subject to the following conditions:
That sales, service and consumption of alcoholic beverages shall be permitted only between the
hours of 10:00 A.M.-10:00 P.M. Sunday through Thursday, and 10:00 A.M.-11:00 P.M. Friday and
Saturday.
2. That food service with an available meal shall be available up until closing time on each day of
operation.
3. --That there shall be no -pool tables or coin-operated games maintained on the premises at any time.
4. That there shall be no live entertainment, amplffied music, or dancing permitted on the premises at
any time.
5. That the subject alcoholic beverage license shall not be exchanged for a public premises (bar) type
license nor operated as a public premises.
6. .That the gross sales of alcoholic beverages shall not exceed 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 alcoholic beverages and other items. These records shall be made
available for inspection by any City of Anaheim Official when requested.
7. That the sale of beer and/or wine for consumption off the premises is prohibited.
8. That 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.
9. That any outdoor dining area shall be completely enclosed by fencing or other similar permanent
structure, at least forty (40) inches in height, into which entry is only possible from inside the
business premises. Emergency exits, as required by the Uniform Fire Code, shall be maintained
but shall not be utilized by patrons and/or employees other than in an emergency.
10. 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 No. 1.
11. 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. 9 and 10,
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.
12. 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.
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This decision is made, signed, and entered into the file this 7th day of September 1995.
Annika M. anta{ahti
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 a 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 15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury that on the date set
forth below, 1 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: September 7, 1995 ~~
Betty Preston C"-~/~
Sr. Office Specialist
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