Resolution-ZA 2001-20
DECISION NO. ZA 200120
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2001-04359
OWNER: First American Trust, Trustee Taylor
421 North Main Street
Santa Ana, CA 92701
AGENT: Wells Properties, Inc.
23615 EI Toro Road, Suite "V"
Lake Forest, CA 92630
LOCATION: 8285 East Santa Ana Canyon Road, #120 (Douro Sushi Japanese Restaurant)
CEQA STATUS: CEQA Categorically Exempt, Class 1
HEARING DATE: May 31, 2001
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal 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 18.44.050.300 to permit the sale of beer and wine for on-
premises consumption in conjunction with an existing full-service restaurant within a
commercial retail center in the CL(SC) (Commercial, Limited -Scenic Corridor Overlay)
Zone.
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 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 proposal 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.
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.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2001-04359, subject to the following conditions:
1. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall be
kept closed at all times during operation of the premises except for ingress/egress, deliveries and
emergencies.
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2. That the establishment shall be operated as a "bona fide public eating place" as defined by Section
23038 of the California Business and Professions Code.
3. That there shall be no bar nor lounge maintained on the property unless licensed by Alcoholic
Beverage Control and approved by the City of Anaheim.
4. That there shall be no pool tables, vending machines or arcade devices maintained upon the
premises at any time.
That subject alcoholic beverage license shall not be exchanged fora "public premises" (i.e., bar)
type license nor shall the establishment be operated as a "public premise" as defined in Section
23039 of the California Business and Professions Code.
6. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without issuance of the proper permits as required by the Anaheim Municipal Code.
That the sale of beer and wine for off premises consumption shall be prohibited.
That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
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.
10. That there shall be no public telephones on the property that are located outside the building and
under the control of the applicant.
11. That food service consisting of full meals shall be available from opening time until either 10:00
p.m. or closing time, whichever occurs first, on each day of operation.
12. That the property shall be permanently maintained in an orderly 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.
13. That the gross sale of beer and wine shall not exceed forty percent (40%) of 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 records shall be
made available, subject to audit and, when requested, subject to inspection by any City of Anaheim
official during reasonable business hours.
14. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from inside the premises, promoting or indicating the availability of beer and wine.
15. That the hours of operations shall be limited, as indicated by the petitioner, to the following: from
11:00 a.m. to 9:30 p.m., seven (7) days a week.
16. 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 and 2, and as conditioned herein.
17. That this conditional use permit shall expire one (1) year from the date of approval unless a valid
license has been issued by the California Department of Alcoholic Beverage Control.
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18. 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. 16 and 17,
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. Further, if
an extension of time is requested for the alcohol sales portion of this request, it shall be considered
at a noticed public hearing.
19. 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 7th day of June.
.,
Annika M. Santalahti, Zoni g 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 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 decision to the applicant and did forward
a copy to the City Clerk.
7
DATE: June 7, 2001 ~ ~~ ~~~
Patricia Koral, Sr. Word rocessing Operator
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