Resolution-ZA 1995-01
DECISION NO. ZA 95-01
A DECISION OF THE ZONING ADMINISTRATOR
DENYING CONDITIONAL USE PERMIT NO. 3727
OWNER: Euclid Shopping Center
2293 West Ball Road
Anaheim, CA 92804
AGENT: Melvini Li
2923 East 19th Street
Signal Hill, CA 90804
LOCATION: 1682 West Katella Avenue Lumero Uno Pizza)
CEQA STATUS: Negative Declaration
HEARING DATE: January 5, 1995, continued from November 10 and December 8, 1994
OPPOSITION: One person spoke in support of the proposal at the December 8, 1994 meeting.
REQUEST: Petitioner requests approval of a conditional use permit under authority of Code Sections
18.12.050.010 and 18.44.050.010 topermit on-premises sale and consumption of beer and
wine in conjunction with an existing 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:
That subject use permit originally included waiver of minimum number of parking spaces but on
December 8, 1994, said waiver was approved under Variance No. 4268 and is, therefore, no longer
a part of subject proposal;
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 is denied on the basis that it would adversely affect adjoining land uses and
the growth and development of the area in which it is proposed to be located because the
underlying property is too close to existing multiple and single family residences on all adjacent
properties to the south and east (apartments are located about 120 feet south of the premises and
there are pedestrian openings in the block wall separating subject property from the apartments);
4. That the granting of this conditional use permit would be detrimental to the peace, health, safety and
general welfare of the citizens of the City of Anaheim because Police Department staff opposed the
proposal and testified on January 5, 1995 that subject property is located in an area having a
significant number of Alcoholic Beverage Control licenses (11 licenses as compared to 7 licenses
permitted for the underlying Census Tract under A.B.C. guidelines) as well as having a higher than
average crime rate (94% above the average for all reporting districts in the City of Anaheim);
5. That the size and shape of the site for the proposed use would be 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; and
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6. That the traffic generated by the proposed use would not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area; and
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal to permit on-premises sale of beer and wine in conjunction with an existing restaurant (Numero
Uno Pizza) in a shopping center on arectangularly-shaped parcel of land consisting of approximately 18.6
acres located at the southeast corner of ICatella Avenue and Euclid Street, having approximate frontages of
1,350 feet on the south side of Katella Avenue and 600 feet on the east side of Euclid Street, and further
described as 1682 West Kateila Avenue; 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 deny Conditional Use
Permit No. 3727.
This decision is made, signed, and entered into the file this 12th day of January 1995.
nnika M. Santalahti
Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the Gity Council, in writing, accompanied by
an appeal fee, is filed with the City Clerk within 15 davs 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: January 12, 1995 ~ """ " "`" "'~ "`-
Betty Prest /~'
Sr. Office Specialist G
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