Resolution-ZA 1993-52•
DECISION NO. ZA 93-52
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3633
OWNER: Harvey Owen
8021 North Street
Buena Park, CA 90621
AGENTS: Frederico and Maria Aguilar
2034 South Wood Street
Santa Ana, CA 92704
LOCATION: 1732 South Euclid Street
CEQA STATUS: Negative Declaration
HEARING DATE: September 16, 1993
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 18.45.050.010 to permit on-premise sale and consumption of beer and
wine in an existing restaurant with waiver of the following:.
Sections 18.06.050.022 - Minimum number of Barking spaces.
18.06.050.0231 29 s aces determined by parking study for Parking Area 1;
18.06.050.0235 66 spaces required by Code;
18.0 .080 33 spaces existing)
and 18.45.066.050
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, 1 do hereby find, pursuant to the Sections 18.02.030.030
through 18.02.030.035 of the Anaheim Municipal .Code:
1. That the restaurant, with proposed beer and wine service and consisting of sit-down dining with
waitress service and no bar or dancing, is compatible. with the shopping center and with the
surrounding neighborhood;
2. That the City Traffic and Transportation Manager has reviewed the parking study (dated August 19,
1993 and prepared by WPA Traffic. Engineering, Inc.} and has determined that there is adequate
parking for the specific uses in subject commercial retail center (identified as Parking Area 1 by the
parking study) which shares parking with adjacent commercial uses (Parking Area 2);
3. That the proposed use is properly one for which a conditional. use permit is authorized by the
Zoning Code;
4. That the proposed use, as granted, will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located;
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5. 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;
6. That the traffic generated by the proposed use, as granted, will not impose an undue burden on the
streets and highways designed and improved to carry the traffic in the area; and
7. 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal to permit on-premise sale and consumption of beer and wine in an existing restaurant with waiver
of minimum number of parking spaces on a rectangularly-shaped parcel of land consisting of approximately
0.55 acre, having a frontage of approximately 102 feet on the east side of Euclid Street, having a maximum
depth of approximately 232 feet, being located approximately 300 feet north of the centerline of Katella
Avenue and further described as 1732 South Euclid Street; 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. 3633, subject to the following conditions:
1. That subject property shall be developed substantially in accordance with plans and specffications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos.1 through 3.
2. That there shall be no bar or lounge area on the premises .for the purpose of sale, service or
consumption of alcoholic beverages directly to patrons for consumption.
That the alcoholic beverage license shaA not be exchanged for a public premises type license nor
shall the premises be operated as a public premises.
4. That the sale of beer and/or wine for consumption off the premises is prohibited.
5. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or
other commodities during the same period.
6. That there shall be no amplified music or dancing permitted on the premises at any time.
7. That no entertainment shall be provided without a valid Entertainment Permit having first been
issued by the City Business License Division.
8. That there shall be no pool tables or coin-operated. games maintained upon the premises at any
time.
9. That, ff necessary, 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.
10. That, if necessary, 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.
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11. That, if necessary, an on-site trash truck turn-around area shall be provided and maintained to the
satisfaction of the Department of Maintenance.
12. That the applicant shall file a petition for reclassification ofi subject property to the CL "Commercial,
Limited" Zone.
13. That beer and wine shall be sold only in connection with meat service.
14. That prior to commencement ofi 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. 1, 9, 10 and 12,
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.
15. 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 23rd day of September 1993.
Annika M. antalahti
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: September 23, 1993 ~~'
Betty Preston
Sr. Office Specialist
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