Resolution-ZA 2001-33•
DECISION NO. ZA2001-33
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2001-04365
OWNER: AEW Capital Management
2 Seaport Lane
Boston, MA 02210-2021
AGENT: CB Ellis
Attn: Stefanie Patrick
2125 E. Katella Avenue, #100
Anaheim, CA 92806
LOCATION: 701 South Weir Canyon Road (Caliente Grill)
HEARING DATE: August 23, 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, 18.44.050.300 and 18.71.060.060 to establish beer and wine
sales for on-premises consumption in conjunction with an existing take-out restaurant
in a commercial retail center in the Development Area 2 (General Commercial Area) of
the Sycamore Canyon Specific Plan No. SP88-1.
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 existing take-out restaurant was established in connection with Conditional Use
Permit No. 3304 which permits a 47-unit, 121,083 sq.ft. commercial retail center (Sycamore Canyon
Plaza) with waivers of certain development standards including minimum number of parking spaces, and
Condition No. 19 of Resolution No. 90R-352, adopted in connection with said conditional use permit,
specifies that the permitted distribution of food uses (maximum of 20,000 sq.ft.) consists of fast food
restaurant with seating (10,000 sq.ft.), sit down restaurant with waitress/waiterservice (8,000 sq.ft.) and
fast food restaurant without seating (2,000 sq.ft.), and that said distribution may be modified if the
intensity of the food uses does not exceed the approved square footages.
2. That the proposed use will not adversely affect the adjoining and nearby commercial and
residential 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.
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 establish beer and wine sales for on-premises consumption in conjunction with
an existing take-out restaurant within an existing commercial retail center located in Development Area 2
(General Commercial) of the Sycamore Canyon Specific Plan No. SP88-1 on an irregularly-shaped 11.9-
acre property located at the northwest side of Serrano Avenue between Weir Canyon Road and Canyon
Creek Road, with frontages of 324 feet on the northwest side of Serrano Avenue, 700 feet on the
southwest side of Weir Canyon Road and 650 feet on the north side of Canyon Creek Road, and further
described as 701 South Weir Canyon Road (Caliente Grill); and that the Planning Director or his
authorized representative has determined that the proposed project is Categorically Exempt, Class 1,
under the State of California Environmental Quality Act Guidelines.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2001-04365, subject to the following conditions:
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.
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 fora "public premises" (bar) type
license nor shall the establishment be operated as a "public premises" as defined in Section 23039
of the California 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 records shall be
made available and subject to audit when requested for inspection by any City of Anaheim official
during reasonable business hours.
That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without the prior issuance of proper permits, as required by the Anaheim Municipal Code.
That the sale of beer and wine for consumption off the premises shall be prohibited.
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 alcohol beverages.
10. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
11. 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.
12. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire
Code and shall be kept closed and unlocked at all times during hours of operation except for
ingress/egress, to permit deliveries and in cases of emergency.
13. That there shall be no public telephones on the premises located outside the building.
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14. That the business owner shall obtain a valid license from the California Department of Alcoholic
Beverage Control for the sale of beer and wine in conjunction with this restaurant.
15. That beer and wine shall only be sold and served to diners at tables with meal service; and that no
beer or wine shall be served over the counter. Furthermore, beer and wine shall be served only in
glassware and shall not be served in disposable or plastic cups or containers.
16. That the business owner shall obtain a valid business license from the Business License Division of
the City Finance Department for the sale of beer and wine in conjunction with a restaurant.
17. 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.
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. 14, 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. If an
extension of time is requested in order to obtain a valid license from the California Department of
Alcoholic Beverage Control, 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.
20. That the existing take-out restaurant, established in connection with Conditional Use Permit No.
3304, may be partially or fully modified to a sit-down full-service restaurant if the distribution and
intensity of the food uses addressed in Condition No. 19 of Conditional Use Permit No. 3304 is not
exceeded; and that "intensity" may be determined by the number of parking spaces required for
each type of food use (8 spaces/1,000 sq.ft. of full-service restaurant, 16 spaces/1,000 sq.ft. of fast
food restaurant and 5.5 spaces/1,000 sq.ft. of take-out restaurant, etc.).
This decision is made, signed, and entered into the file this 30th day of August 2001.
~~ ~, ~ ~ ~ ' CL-~4.
Annika M. Santalahti, 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 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.
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DATE: August 30, 2001 : ~ ~~~
Patricia Koral, Sr. d Processing Operator
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