Resolution-ZA 2005-15
DECISION NO. ZA 2005-15
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2005-04998
OWNER: Jerry T. Fields
21 Tiburon Bay Drive
Corona Del Mar, CA 92625
AGENT: Douglas Ferrieri
1020 Batavia, Suite B
Orange, CA 92687
LOCATION: 3452 East Orangethorpe Avenue: Property is approximately 2.3 acres, having a
frontage of 1,080 feet on the south side of Orangethorpe Avenue, a maximum depth of
approximately 135 feet and is located approximately 900 feet east of the centerline of
Miller Street.
CEQA STATUS: Categorically Exempt -Class 1
HEARING DATE: July 7, 2005
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests approval of a conditional use permit under authority of Code
Section 18.08.030.040.0402 to permit on-sale beer and wine sales in a pizza
restaurant within an existing commercial retail center with the following waiver:
SECTION 18.42.040.010 Minimum number of parking spaces.
(218 required; 173 proposed and recommended
by the City Traffic and Transportation Manager)
Having been appointed Acting Zoning Administrator by the Planning Director to decide the above-
referenced petition, pursuant to Anaheim Municipal Code Section 18.60.020, 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
18.42.110 and 18.66.060 of the Anaheim Municipal Code:
1. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of such use.
2 That the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code;
3. 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;
4. That the size and shape of the site for the proposed use is adequate to allow the full development
of the proposed use 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 will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area; and
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6. That the granting of this Conditional Use Permit under the conditions imposed, if any, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to establish a 2,688 square foot pizza restaurant (including delivery services) with
the sale of beer and wine for on-premise consumption within an existing retail center with waiver of
minimum number of parking spaces at 3452 East Orangethorpe Avenue; and has determined that the
proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing
Facilities), as defined in the CEQA Guidelines and is, therefore, exempt from the requirement to prepare
additional environmental documentation.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2005-04998, subject to the following conditions:
1. That the establishment, at all times when the premise is open for business, shall be operated as a
"Bona Fide Public Eating Place" as defined by Section 23038 of the California Business and
Professions Code.
2. That there shall be no bar or lounge area upon the licensed premise maintained for the purpose of
sales, service, or consumption of alcoholic beverages directly to patrons for consumption.
3. That there shall be no pool tables or amusement devices maintained upon the premises at any time
unless the proper permits have been obtained from the City of Anaheim.
4. 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.
5. That the sales of beer and wine shall not exceed 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 alcoholic beverages and other items. These records shall be made
available, subject to audit and, when requested inspection by any City of Anaheim official when
requested.
6. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time.
7. That the sales of beer and wine for consumption off the premises shall be prohibited.
8. 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 beer and wine.
9. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
10. There shall be no admission fee, cover charge, nor minimum purchase required.
11. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire
Code and shall be kept closed all times during the operation of the premises except for
ingress/egress, permit deliveries and in cases of emergency.
12. That there shall be no public telephones on the premises located outside the building.
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13. That any and all security officers provided shall comply with all State and Local ordinances
regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California
Business and Professions Code (Section 4.16.070 of the Anaheim Municipal Code).
14. That no "happy hour" type of reduced price for beer and wine promotions shall be allowed.
15. That petitioner shall not share any profits, or pay any percentage or commission to a promoter or
any other person, based upon monies collected as a door charge, cover charge, or any other form
of admission charge, including minimum drink order, or the sale of beer and wine.
16. That aBurglar/Robbery Alarm permit application, Form APD 516 shall be obtained as determined
by the Anaheim Police Department.
17. That a Fire Emergency Listing Card, Form APD-281 shall be submitted to the Anaheim Police
Department.
18. That rear entrance doors shall be numbered with the same address numbers or suite number of the
business. Minimum height of 4" is recommended.
19. That a valid business license shall be obtained from the City of Anaheim, Business License Division
of the Planning Department.
20. That no portable signage shall be utilized to advertise any activities on the subject site.
21. That the applicant shall submit plans for any future signage for review and approval by the Planning
Services Division.
22. That the granting of the parking waiver is contingent upon operation of the use in conformance with
the assumptions and/or conclusions relating to the operation and intensity of use as contained in
the parking demand study that formed the basis for approval of said waiver. Exceeding, violating,
intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained
in the parking demand study, shall be deemed a violation of the expressed conditions imposed
upon said waiver which shall subject this permit to termination or modification pursuant to the
provisions of Section 18.42 of the Anaheim Municipal Code.
23. That the restaurant shall comply with Code Section No. 18.38.220 pertaining to accessory outdoor
seating. Outdoor dining shall not be permitted unless the proper permits and approvals have been
obtained from the City of Anaheim.
24. 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 Exhibit Nos. 1 and 2, and as conditioned herein.
25. That prior to the commencement of the activity authorized by this decision, or prior to issuance of a
building permit, or within a period of one (1) year from the date of this decision, whichever occurs
first, Condition Nos. 16, 17, 19, and 24, above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in accordance with Section 18.60.170 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.
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This decision is made, signed, and entered into the file this 13th day o July, 2005.
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William Sell, Acting 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.
DATE: July 13, 2005
at handler, Senior Secretary
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