Resolution-ZA 2000-02•
DECISION NO. ZA 2000-02
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT N0.4174, IN PART
OWNER: Fairmont Plaza Partners, LLC
4740 E. Bryson Street
Anaheim, CA 92807
AGENT: Mersedeh Masoomali
8602 E. Cliffside Drive, #110
Anaheim, CA 92807
LOCATION: 116-124 South Fairmont Boulevard
CEQA STATUS: CEQA Negative Declaration
HEARING DATE: December 30, 1999
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence was received in opposition.
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
beer and wine sales for on-premises consumption and a new outdoor dining area in
connection with the expansion of an existing restaurant located in a commercial retail
center.
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 hereby approved, in part, to permit expansion of the existing restaurant with
on-premises sale and consumption of beer and wine into an adjacent unit and to permit an
outdoor dining area; but that the proposed on-premises sale and consumption of beer and wine
in the outdoor dining area is hereby denied.
3. That the proposed use, as granted, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
4. That the. size and shape of the site for the proposed use is adequate to allow full development of
the proposal, as granted, 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, as granted, will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area.
6. That granting of this conditional use permit, in part and under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to permit beer and wine sales for on-premises consumption and a new outdoor
dining area in connection with the expansion of an existing restaurant in a commerdal retail center on an
irregulariy-shaped 2.4acre property located at the southeast comer of Santa Ana Canyon Road and
Fairmont Boulevard, having frontages of 168 feet on the south side of Santa Ana Canyon Road and 377
feet on the east side of Fairmont Boulevard, and further described as 116-124 S. Fairmont Boulevard
(Capone's Pasta and Pizza 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. 4174, in part, subject to the following conditions:
That this restaurant shall be operated as a "bona fide public eating place" as defined by Section
23038 of the Califomia Business and Professions Code.
2. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control and approved by the City of Anaheim.
3. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closing time, whichever occurs first, on each day of operation.
4. That there shall be no pool tables 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 shall the establishment be operated as a public premise as defined in Section 23039 of
the Califomia Business and Professions Code,
6. That the sale of beer and wine shall not exceed forty percent (40%) of 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 beer and wine and other items. These recorcJs shall be
made available, subject to audit and, when requested, to inspection by any City of Anaheim official
during reasonable business hours.
7. That there shall be no live entertainment, amplified music or dandng permitted on the premises at
any time without issuance of proper permits as required by the Anaheim Munidpal Code.
8. That the sale of beer and wine for consumption off the premises shall be prohibited.
9. 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 alcohol beverages.
10. That the activities taking place in conjunction with the operation of this restaurant shall not cause
noise disturbance to surrounding properties.
11. That the parking lot serving the premises shall be equipped with lighting of suffident power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
12. That the business operator shall comply with Section 24200.5 of the Business and Professions
Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly,
to buy them drinks in the licensed premises under any commission, percentage, salary, or other
profit-sharing plan, scheme or conspiracy.
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13. That all doors serving this restaurant shall conform to the requirements of the Uniform Fire Code,
and shall be kept dosed and unlocked at all times during hours of operation except for ingress and
egress, to permit deliveries, and in cases of emergency.
14. That there shall be no public telephones on the premises located outside the building.
15. That the property shall be permanently maintained in an orderiy fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
16. That no outdoor storage shall be permitted and any existing outdoor storage shall be removed
within a period of one (1) month from the date of this dedsion.
17. That, as stipulated by the petitioner, the hours of operation shall be limited to the following:
Monday: 7 a.m. to 9 p.m.
Tuesday through Thursday: 7 a.m. to 10 p.m.
Friday: 7 a.m. to 11 p.m.
Saturday: 8 a.m. to 11 p.m.
Sunday: 8 a.m. to 9 p.m.
18. That subject property shall be developed substantially in accoMance with plans and spec cations
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, and as conditioned herein.
19. That prior to commendng the sale and consumption of beer and wine in the building expansion
portion of this restaurant or within a period of one (1) year from the date of this dedsion, whichever
occurs first, Condition No. 18, 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 Munidpal Code.
20. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Munidpal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not indude any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
21. That priorto commendng any outdoor dining what-so-ever, the petitioner shall submit the following
information, describing the appearance of the outdoor dining area, to the Planning Department for
review and approval by the Zoning Administrator as a "Reports and Recommendations" item:"
(a) Fence or wall endosure for the outdoor dining area to fully describe the safe separation between
said outdoor dining area and the adjacent parking space (on the south side) and driveway (on
the west side), inducting materials, colors and dimensions.
(b) Paving, inducting material(s) and color(s).
(c) Outdoor dining tables and chairs, inducting materials and colors and manufacturer's
spedfications and/or illustrations.
(d) Umbrellas if proposed, inducting materials and colors, and manufacturer's spedfications and/or
illustrations. (there shall be no advertising or identification of any type what so~ver on the
umbrellas, by illustration or text or any other means of communication.)
(e) Landscaping if proposed, inducting plant spades, size, location and spadng.
(f) Outdoor lighting fixtures if proposed, inducting design, dimensions, and placement.
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(g) Other details which may be needed to fully describe the appearance of the outdoor dining area
in the contend of this commercial center, and to show that said area will be compatible with the
architectural design of the commercial center.
22. That prior to commenting any outdoor sale and/or consumption of beer and wine in the outdoor dining
area, the petitioner shall apply for and obtain approval of another conditional use permit spetifically for
the sale and consumption of beer and wine in the outdoor dining area, which outdoor dining area is
detached from the building portion of this restaurant. The reason for another public hearing is to
spetifically advise interested persons and property owners of the proposed sale and consumption of
beer and wine out-of-doors in an outdoor dining area that is not contiguous to or attached to the
building portion of this restaurant. The petitioner shall submit plans in connection with said petition to
specifically identify all details describing the outdoor dining area, including but not necessarily limited
to, the information listed under Condition No. 21, above.
This decision is made, signed, and entered into the file this 6th day of January 2000.
9
Annika M. Santalahti, Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City Countil, in wrfting, accompanied
by an appeal fee, is filed with the City Clerk within 15 days 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 decsion to the applicant and did forwarcd
a copy to the City Clerk.
DATE: January 6, 2000 L ~
atritia Koral, Sr. Word Processing rator
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