Resolution-ZA 2003-40•
DECISION NO. ZA 2003-40
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2003-04768
OWNERS: Pan Pacific Retail Properties, Inc.
1631-B South Melrose Drive
Vista, CA 92083
Attention: Matthew Segal
Brookhurst Shopping Center, LLC
2293 W. Ball Road
Anaheim, CA 92804
AGENT: Anton Abumuhor
2295 West Ball Road
Anaheim, CA 92804
LOCATION: 2295 West Ball Road
CEQA STATUS: Categorically Exempt, Class 1
HEARING DATE: October 16, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition and 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 18.44.050.010 to wit: to permit the sale of beer and wine
for on-premises consumption in an existing full-service restaurant.
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 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.
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 due to
the restaurant's proximity to, and compatibility with, other businesses in the commercial center at the
intersection of two major arterials.
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Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2003-04768, subject to the following conditions:
1. That the landscaping planters shall be permanently maintained with live and healthy plants.
2. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
3. 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 and egress, deliveries, and
emergencies.
4. That all existing and proposed roof-mounted equipment shall be completely screened from view in all
directions by properly designed and maintained design elements of the building. Said information shall
be specifically shown on plans submitted for Zoning Division approval.
5. 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.
6. That food service with a full meal shall be available from opening time until closing time on each day of
operation.
7. That no pool tables, vending machines or arcade devices shall be maintained upon the premises at any
time.
8. That subject beer and wine 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 California
Business and Professions Code.
9. That the gross 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 for inspection by any City of Anaheim official during reasonable business hours.
10. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any
time without the proper permits having first been issued, as required by the Anaheim Municipal Code.
11. That the sale of beer and wine for off-premises consumption shall be prohibited.
12. 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 beer and wine.
13. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
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. Said information shall be specifically shown on plans
submitted to the Police Department, Community Services Division, for review and approval.
15. That the business operator shall comply with Section 24200.5 of the California 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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16. That there shall be no public telephones on the premises, which telephones are located outside the
building.
17. That the existing wall signage shall be reduced to comply with all current sign requirements of the CL
(Commercial, Limited) Zone where this property is located. Any new signs shall be subject to review
and approval by the Zoning Division.
18. That no advertising or identification of any type shall be permitted on any outdoor furniture or
equipment, including umbrellas, by illustration, text or any other means of visual communication.
19. 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.
20. That four (4) foot high address numbers shall be displayed on the flat area of the building roof in a
contrasting color to the roof material, provided that the numbers shall not be visible from the street or
adjacent properties. Said information shall be specifically shown on plans submitted to the Police
Department, Community Services Division, for review and approval.
21. That trash storage area(s) serving this restaurant shall be refurbished to the satisfaction of the Public
Works Department, Streets and Sanitation Division, to comply with approved plans on file with said
Department.
22. That, as stipulated to by the petitioner, the hours of operation shall be limited to: 10 a.m. to 10 p.m.
daily.
23. That on-site banquets shall only be conducted as an incidental and occasional activity in conjunction
with this enclosed restaurant, as required under Section 18.44.030.020 of the Anaheim Municipal Code
(pertaining to 'Permitted Accessory Uses and Structures). Use of the restaurant premises for primary
banquet activities shall require submittal of a conditional use permit and parking waiver application, and
approval by the Planning Commission at a noticed public hearing.
24. 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, as conditioned herein.
25. That prior to commencement of the activity authorized by this decision, or prior to final building and
zoning inspections, or within a period of one (1) year from the date of this decision, whichever occurs
first, Condition Nos. 3, 4, 14, 16, 17, 20, 21 and 24, 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.
26. 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 23`d day of October, 2003.
Annika M. Santalahti, Zoning 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 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.
DATE: October 23, 2003 ~(,c,~z.,cel~c- ~ 'G=~ ~,D
Danielle C. Masciel, Word Processing Operator
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