Resolution-ZA 2000-44• ~ i
DECISION NO. ZA 2000-44
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2000-04292
OWNER: Lakeview Plaza Investment Co.
1667 E. Lincoln Avenue, Orange, CA 92865
AGENT: Marco Mariselli
416 N. Lakeview Avenue, Anaheim, CA 92807
LOCATION: 416 North Lakeview Avenue - 3.1 acres located north and east of the northeast comer
of McKinnon Drive and Lakeview Avenue.
HEARING DATE: December 14, 2000
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 18.02.052.060 and 18.44.050.300 to expand an existing full-service restaurant
(in an existing commercial retail center) with retail sale of beer and wine for on-
premises consumption, to include a new outdoor seating area, with waiver of the
following:
Section 18.06.050.020.21.0211 - Minimum number of parkin4 spaces.
18.06.050.020.21.0212 (167 spaces required;
18.06.050.020.022 166 spaces proposed and concurred with by the City Traffic and
18.06.050.020.023.0231 Transportation Manager)
18.06.080
and 18.44.066.050
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 requested waiver is hereby approved on the basis that it is minimal, amounting to deviation
of less than 1 °~ from the Code-required parking for this commercial retail center; and that city
traffic and transportation staff have reviewed the proposal and concur with the petitioner's
submitted parking analysis indicating that 166 spaces will be adequate to meet the peak parking
demand for this property.
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 full development of
the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and
general welfare because the outdoor seating area is accessory to the existing restaurant.
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.
5. That 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.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to permit expansion of an existing full-service restaurant with retail sales of beer
and wine for on-premises consumption (located in a commeraal retail center) to include a new outdoor
seating area, and with waiver of minimum number of parking spaces on irregularly-shaped 3.1-acre
property located north and east of the northeast comer of McFGnnon Drive and Lakeview Avenue, having
frontages of 119 feet on the north side of McKinnon Drive and 248 feet on the east side of Lakeview
Avenue, and further described as 416 North Lakeview Avenue (Ciao Italian Kitchen); and that the
Planning Diredor or his authorized representative has determined that the proposed projed is
Categorically Exempt, Class 1, under the State of Califomia Environmental Quality Ad Guidelines.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2000-04292, subjed to the following conditions:
1. That this establishment shall be operated as a "bona fide public eating place" as defined by Sedion
23038 of the Califomia Business and Professions Code.
2. That there shall be no bar or lounge maintained on the premises 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 business operation.
4. That there shall be no pool tables, vending machines of arcade devices upon the premises at any
time.
5. That the existing alcoholic beverage license shall not be exchanged for a public premises (bar) type
license nor shall the establishment be operated as a "public premises" as defined in Sedion 23039
of the Califomia Business and Professions Code..
6. That the sales of beer and wine shall not exceed forty percent (40°to) of the gross sales of all retail
sales during any three (3) month period. The applicant shall maintain records on a quarterly basis
showing the separate amounts of sales of beer and wine and other items. These records shall be
made available, subjed to audit and, when requested inspection by any City of Anaheim official
during reasonable business hours.
7. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without prior issuance of proper permits, as required by the Anaheim Municipal Code.
8. That the sales 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 direded to the
exterior from inside, promoting or indicating the availability of alcohol beverages.
10. That all doors serving this restaurant shall conform to Uniform Fire Code requirements and shall be
kept Gosed at all times during business operation of the premises except for ingress, egress,
deliveries and emergencies.
11. That the outdoor dining patio area shall be completely enclosed by fencing or other such permanent
strudure as approved by the City of Anaheim, including the following:
(a) That the enclosure fence shall be at least forty (40) inches high;
(b) That access (i.e., entry) to the outdoor dining area shall be possible only from the interior of
the restaurand; and
(c) That emergency exits shall be maintained (as required by the Uniform Fire Code) but shall
not utilized by patrons and/or employees other than in an emergency.
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12. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties or businesses.
13. That, as stipulated by the petitioner, the typical hours of operation shall be 7 a.m. and 10 p.m.,
seven m days a week.
14. That the parking lot serving 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. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
15. 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.
16. (Proposed Condition No. 16 was deleted because it was the same as Condition No. 10, above.)
17. That there shall be no public telephones on the premises located outside the building.
18. That no advertising of alcoholic beverages shall be located, placed or attached to any location
outside the building; and that no audio advertising, efther inside or outside the building, shall be
permitted.
19. That no advertising or identification of any type shall be permitted on any outdoor furniture including
umbrellas by illustration, text or any other means of communication.
20. That potted plants or another similar landscape treatment shall be placed (and maintained in a
healthy condition) around the perimeter of the outdoor dining patio area in order to soften the
appearance of said patio enclosure.
21. That the 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 f=xhibit Nos. 1 and 2, and as conditioned herein.
22. 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. 11, 20 and 21, above-
mentioned, sha{I be complied with. Extensions for further time to complete said conditions may be
granted in accordance with Sedion 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.
24. That the outdoor dining equipment (tables, chairs, umbrellas, etc.) shall be placed in an enclosed
area, out of the public's view, when not in regular use.
This decision is made, signed, and entered into the file this 21~ day of December, 2000.
~~2~ Zl ~~~.~ ' ~,~
Annika M. Santalahti, oning Administrator
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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 dedare 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: December 2l, 2000 ~>~-~~ C~ ~ i `U~~`-l 9e-.
Patricia Koral, Senior Word Processing Operator ~
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