Resolution-ZA 1992-51r f
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DECISION NO. ZA 92-51
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3554
OWNER: EDGA Enterprises
1990 Westwood Boulevard, Los Angeles, CA 90025
AGENT: Kent Byong Kee Hong
10131 Sunn Avenue, Fountain Valley, CA 92708
LOCATION: -1490 South Anaheim Boulevard
HEARING DATE: October 15, 1992
CEQA STATUS: Negative Declaration
SUPPORT: One person indicated his presence at the public hearing in support of the proposal.
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 Sections
18.12.050.010 and 18.44.050.010 to permit on-premise sale and consumption of
alcoholic beverages in a 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, consisting of alcoholic beverages sold and consumed in connection with
sit-down dining, 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 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; and
5. That the 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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Conditional Use Permit No. 3554
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CALIFORNIA ENVITtONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to permit on premise sale and consumption of alcoholic beverages in a restaurant
on an rectangulary-shaped pazcel of land consisting of approximately 0.95 acre, located at the northeast
comer of Cerritos Avenue and Anaheim Boulevazd, having approximate frontages of 247 feet on the
north side of Cerritos Avenue and 175 feet on the east side of Anaheim Boulevard, and further described
as .1490 South Anaheim Boulevazd; and does hereby approve the Negative Declaration upon finding that
she has considered the Negative Declaration together with any comments received during the public
review process and further finding on the basis of the initial study and any comments received that there
is no substantial evidence that the project will have a significant effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional Use
Permit No. 3554, subject to the following conditions:
1. That the appropriate traffic signal. assessment fee shall be paid to the City of Anaheim in an
amount as established by City Council Resolution.
2. That plans shall be .submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with thelatest revisions of Engineering Standazd Plan Nos. 436
and 602 pertaining to parking standards and drivewaylocations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
3. That trash storage areas shall be provided and maintained in a location. acceptable to the
Department of Maintenance and in accordance with approved plans on file with said Department.
Such information shall be specifically shown on the plans submitted for building permits.
4. That a Plan Sheet for solid waste storage and collection, and a plan for recycling shall be
submitted to the Department of Maintenance for review and approval.
5. That an on-site trash truck tum-azound area shall be provided and maintained to the satisfaction
of the Department of Maintenance. Said tum-around azea shall be specifically shown on plans
submitted for building .permits.
6. That the sales, service and consumption of alcoholic beverages shall be limited to the following
hours:
Sundays through Thursdays: 12:00 p.m. to 12:00 a.m.
Fridays and Saturdays: 12:00 p.m. to 2:00 a.m.
7. That food service, consisting of available meals, shall be provided until closing time on each day
of operation.
8. That the premises shall be maintained as a bona fide restaurant .and shall provide a menu
containing. an assortment of -foods normally offered in such restaurants.
9. That the subject alcoholic beverage license shall not be exchanged for a public premises type
license nor operated as a public premises.
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Conditional Use Permit No. 3554
10. That the sale of beer and wine for consumption off the premises is prohibited.
11. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or
other commodities during the same period.
12. That during any time when entertainment and/or dancing takes place on the premises, petitioner
shall provide a .security guazd in the parking lot and shall maintain order therein and prevent any
activity which would interfere with the quiet enjoyment of their property by nearby residents.
13. That any on-premise entertainment shall not be audible beyond the area under the control of the
licensee.
14. That the exit door(s) shall be kept closed at all times during the operation of the premises except
in cases of emergency and to permit deliveries.
15. 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 alcoholic beverages.
16. That no alcoholic beverages shall be consumed on-any .property adjacent to the licensed premises
under the control of the licensee.
17. That the parking lot of the premsesshall be equipped with lighting ofsufficient power to
illuminate and make easily discernible. the appearance .and conduct of all persons on or about the
pazking lot.
18. That lighting in the pazking area of the premises .shall be directed, positioned and shielded in
such a manner so as not to unreasonably illuminate the window azeas of nearby residences.
19. That the petitioner shall be responsible for maintaining a litter free azea in and adjacent to the
premises over which he has control.
20. That there shall be no pool tables or coin-operated games maintained on the premises at any
time; provided, however, that a maximum of four (4) coin operated video games will be
permitted in the waiting -area of the restaurant.
21. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and whichplans aze on file with the Planning
Department marked Exhibit Nos. 1 and 2; provided, however, that:
(a) Parking lot and driveway locations shall be modified as required by the City Traffic and
Transportation Manager in connetion with Condition No. 2, herein; and
(b) The landscaped setbacks along Anaheim Boulevard and Cerritos Avenue shall be
upgraded to include a minimum of one (1) tree per every. twenty (20) feet of street
frontage, in accordance with Code Sections 18.04.060.010 to 18.04.060.013 (pertaining
to required trees in-front setbacks) and that.said trees shall be specifically shown on the
plans submitted for building permits and shall be maintained thereafter.
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Conditional Use Permit No. 3554
22. That the petitioner shall submit a letter to the Planning Department requesting termination of
Conditional Use Permit No. 171 (to establish a restaurant with a cocktail lounge and banquet
facilities) and Variance No. 3910 (waiving the minimum number of pazking spaces to permit
.bingo in connection with a teenage night club).
23. That this use permit shall expire on Mazch 1, 1994 unless the petitioner has requested and
obtained, in connection with a public heazing, either a time' extension or deletion of this
condition. A time. extension or deletion of this condition may be .approved if it is determined that
this use has not had an adverse effect on the surrounding land uses.
24. That prior to commencement of the activity authorized by this decision, or prior to issuance of a
building permit, or within a period of one {i) year from the date of this decision, whichever
occurs first, Condition .Nos.. 1, 2, 3, 4, 5 and 22, ..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.
25. That prior to the commencement of the activity authorized by this decision, or prior to final
building and zoning inspections, whichever occurs first, Condition Nos. 17, 18 and 21,
above-mentioned, shall be complied with.
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 therequest regarding any other applicable ordinance, regulation or requirement.
This decision is made, signed, and entered into the file this twenty-second day of October 1992.
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Zoning Administrator
NOTICE: This decision shall becomefinal unless an appeal to the City Council, in writing,
accompanied by an appeal fee, is filed with the .City Clerk within 1i 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 forwazd a copy to the City Clerk.
DATED: October 22, 1992
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Pamela H. Starnes
Administrative Assistant
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