Resolution-ZA 1996-14~ ~
DECISION NO. ZA 96-14
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT N0. 3846
OWNER: Euclid Shopping Center, A General Partnership
2293 West Ball Road
Anaheim, CA 92804
LOCATION: 1612 West Katella Avenue
CEQA STATUS: CEQA Negative Declaration
HEARING DATE: June 20, 1996
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 .1$.12.050.010 and 18.44.050.010 to permit on-premises sale and
consumption. of beer and wine in an existing enclosed 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 the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code;
2. 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;
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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to permit the on-premises sale:and consumption of beer and wine in an existing
enclosed restaurant on arectangularly-shaped parcel of land consisting of approximately 18.6 acres
located at the southeast corner of Katella Avenue and Euclid Street, having an approximate frontages
of 1,350 feet on the south side of Katella Avenue and 600 feet on the east side 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.
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Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 3846, subject to the following conditions:
1. That this establishment shall be operated as a "bona fide public eating place" as defined by
Section 23038 of .the California Business and Professions Code and that food service with a full
meal shall be available from opening time until either 10:00 p.m. or closing time, whichever
occurs first on each day of operation.
2. That there shall be no bar or lounge maintained on the licensed premises unless licensed by the
Alcohol Beverage Control and approved by the City of Anaheim.
3. That food service with full meals shall be available from opening time until either 10:00 P.M. or
closing time, whichever occurs first, on each day of operation.
4. That there shall be no pool tables or coin-operated games maintained upon the premises at any
time.
5.. That the subject alcoholic beverage license shall not be exchanged fora "public premises" (bar)
type license nor shall the establishment be operated as a "public premises" as defined in Section
23039 of the California Business and Profession Code.
6. That the gross sales of alcoholic beverages shall not exceed the gross sates of all retail sales
during any three (3) month period. The applicant shall maintain records on a quarterly basis
showing the separate amounts of sales of alcoholic beverages and other items. These records
shall be made available for inspection by any City of Anaheim official when requested.
7. There shall be no live entertainment, amplified music or dancing permitted on the premises at
-any time without issuance of proper permits. as required by the Anaheim Municipal Code.
8. That the sale of beer and/or wine for consumption off the premises shall be prohibited.
9. That there shall be no exterior advertising of any kind or type, including advertising directed to
the exterior from inside, promoting or indicating the availability of alcoholic beverages.
10. That the activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding .properties.
11. That the sales, service and consumption of beer and wine shall be permitted only between the
hours of 8:00 a.m. and 10:00 p.m. daily (each day of the week).
12. 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.
13. That the business operator shalt comply with Section 24200.5 of the Business and Professions
Code and shall not employ nor 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.
•
14. That there shall be no coin-operated telephones on the property located outside the building and
within the control of the applicant.
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ZA 96-14
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15. That the portion of this conditional use permit regarding the sale of beer and wine shall expire
one (1) year from the date of this decision unless a valid license has been issued by the
California Department of Alcoholic Beverage Control. (Section 18.03.070 Anaheim Municipal
Code)
16. That subject property shall be developed substantially in accordance with the plans 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.
17. That trash storage areas shall be provided and maintained in a location acceptable to the
Maintenance Department and in accordance with approved plans on file with said Department.
18. That a plan sheet for solid waste storage and collection and a plan for recycling shall be
submitted to the Maintenance Department for review and approval.
19. That an on-site trash truck turn-around area shalt be provided and maintained to the satisfaction
of the Maintenance Department.
20. That prior to commencement of 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. 15, 16, 17 and
18, 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.
21. That no entertainment shall be permitted within subject business premises without a valid
Entertainment Permit having first been issued by the Business License Division.
22. That no dancing shah be permitted within subject business premises without a valid Dance
Permit having first been issued by the Business License Division.
23. That approval of this application constitutes approval ofi 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 th file this 27th day of Jun
i
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 shalt 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: 06/28/96 ~
nielle C. iel
ord Processing Operator
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