Resolution-ZA 1996-16
DECISION N0. ZA 96-16
A DECISION OF THE ZONING ADMINISTRATOR
~Mt= ~ D! ~t ~ ~tFG CONDITIONAL USE'PERMIT NO.3578
OWNER: Mohammad B. Taghdis
102 Casuda Canyon, #A
Monterey Park, CA 91754
LOCATION: 895 South Euclid Street
CEQA STATUS: A Negative Declaration was previously approved and no further action is necessary
HEARING DATE: July 18, 1996
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests deletion. or modification of Condftion No. 5 pertaining to time limitation
to retain on-premises sale and consumption of beer and wine in 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:.
1. That Conditional Use Permit No. 3578 (to permit the on-premises sale and consumption of beer and
wine in an existing restaurant with waiver of minimum number of parking spaces) was. approved by
the Zoning Administrator on February 18, 1993 in connection with Decision No. ZA93-14;
2. That Decision No. ZA93-14 includes the following condition:
"5. (a) .That the applicant shall obtain a license from. the Alcoholic Beverage Control
Department (A.B.C.).
(b) That this. portion of the approval consisting of the. on-premises ..sale and
consumption of beer and wine shall be good for one (i) year, after which time it
shall be reviewed and, if the applicant has not obtained a license from ABC, then
the "on-premises sales and consumption of beer andwine" in conjunction with a
restaurant portion of subject proposal shalt terminate.
(c) That in the event A.B.C. does not issue a license; the parking waiver portion if this
conditional use permit .shall continue in full force and effect in connection with
subject. 2,526 sq. ft. restaurant."
3. That subject property is currently developed as a commercial retail center and in the CL
(Commercial,. Limited) Zone;
4. That records indicate that the previous business owner never obtained a license from Alcoholic
Beverage Control (ABC); and that the new owners of the business are requesting this modification
in order to apply to ABC for a new license;
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5. .That the proposed modification is properly one for which a conditional use permit is authorized by
the Zoning Code;
6. That the use, as proposed to be modified, will not adversely affect the adjoining land uses and the
growth .and development of the area in which it is proposed to be located;
7. That the .size and shape of the site for the use, as modified, 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;
8. That the traffic generated by the use, as modified, will not impose an undue burden upon the streets
and highways designed and improved to carry the #raffic in the area; and
9. That the proposed modffication to this Conditional Use Permit, under the conditions imposed, will
not •be detrimental to the peace, health, safety-ard general welfare of the citizens of the City of
Anaheim; and
10. That no one appeared at the public. hearing. in opposition to the proposal and that no
correspondence in opposition was received.
Based on the evidence and testimony presentedto me, I do hereby determine to amend Decision No. ZA93-
14, adopted in connection with:Conditional Use Permit Na: 3578, as follows:
(a) That .Condition Nos. 3, 4 and 12 be deleted; and
(b) That Condition No. 5 be modified to read:
"5. (a) That the applicant shall obtain a license from the A. B. C.
(b) That this portion of the approval consisting of the on-premises sale and
consumption of beer and wine shall be good through July 18, 1997, after which
time it shall be reviewed and, if the applicanthas not obtained a license from ABC,
then the "on-premises sale and consumption. of beer and wine, in conjunction with
a restaurant portion of subject proposal shall terminate."
(c) That in the event A.B.C. does not issue aJicense, the parking waiver portion if this
.conditional use permR shall continue in full force and effect in connection with
s:.~bject 2,5?& oc}. ft: restu'ran~;"
(c) That the following new conditions be added:
16. That the establishment shall be operated as a "Bona Fide Public Eating Place" as defined.
17. That there shall be no bar or lounge maintained on the property unless licensed by ABC
and approved by the City. of Anaheim.
18. Thatfood 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.
19. That there shall be no pool tables or coin-operated games maintained upon the premises
at any time unless a valid permit has been obtained from the City of Anaheim.
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20. That subject alcoholic beverage license shall not be exchanged for a 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 Professions Code.
21. That the gross sales of alcoholic beverages shall not exceed fifty percent (50°~} 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 for
inspection by any City of Anaheim Official when requested.
22. That 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.
23. Thct the s«::, o', ulcch„lic bev~ges scr-ecrsur~ption cff the pr;;rrises steal; be prohibited.
24. 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.
25. That the activities occurring in conjunction with the operation of this establishment shall
not cause noise disturbance to surrounding properties.
26. That sales, service and consumption of alcoholic beverages shall be permitted only
between the hours of 10 a.m. and 11 p.m., each day of the week.
27. That the outdoor area including the parking lot serving the premises shall be equipped
with lighting of sufficient power to make easily discernible-the appearance and conduct
of all persons on or about said areas. Said lighting .shall be directed, positioned and
shields in such a manner: so as not: to illuminate the window of nearby residences.
28. That the business operator shalf.comply with Section 24200.5 of the Business and
Professions Code so as not to employ or 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 otherprofit-sharing plan, scheme or conspiracy.
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This decision is made, signed, and entered into the file this 25th day of July 1996.
1
Anni a ants a ti
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 1 da s 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 25, 1996 ~
nielle Mascie
Word Processing Operator
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