Resolution-ZA 1994-28
DECISION NO. ZA 94-28
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3720
OWNERS: Robert K. and Mary Wong
1020 North Batavia, Suite B
Orange, CA 92667
AGENTS: Sand D. Associate
Attention: Stephen Wong
1020 North Batavia, Suite B
Orange, CA 92667
Feeroz Tahvildari
P.O. Box 2125
Norwalk, CA 90650
LOCATION: 2622 West La Palma Avenue
CEQA STATUS: Negative Declaration
HEARING DATE: September 29, 1994
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 permft on-premise sale and consumption of beer and
wine in conjunction with an existing full-service 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, consisting of on-premises sale and consumption of beer and wine in an
existing full-service restaurant, 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 condftions imposed, if any, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal to permit on-premises sale and consumption of beer and w(ne In conjunction with an existing full-
service restaurant on arectangularly-shaped parcel of land cons(sting of approximately 0.72 acre having a
frontage of approximately 130 feet on the south side of La Palma Avenue, having a maximum depth of
approximately 242 feet, being located approximately 280 feet west of the centerline of Magnolia Avenue and
further described as 2622 West La Palma 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 wilt 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. 3720, subject to the following conditions:
That the sales, service and consumption of alcoholic beverages shall be permitted only between the
hours of 10:00 am and 10:00 pm.
2.. That there are shall be no bar or lounge area upon the licensed premises maintained for the
purpose of sale, service or consumption of alcoholic beverages directly to patrons for consumption.
3. That food service with available meals shall be available up until closing time on each day of
operation.
4. That the subject alcoholic beverage license shall not be exchanged for a public premises type
license nor operated as a public premises.
5. That the sale of beer and/or wine for consumption off the premises is prohibited.
6. That the quarterly gross sales of alcoholic beverages shall not exceed the gross safes of food or
other commodities during the same: period.
7. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time.
8. Thaf there shall be no exterior advertising of any. kind or type, including advertising directed to the
outside of the building from inside the building, promoting or indicating the availability of alcoholic
beverages.
9. That no alcoholic beverages shall be consumed on any, property adjacent to the licensed premises
under the control of the licensee.
10. That the parking lot of the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of ail persons on or about the parking lot.
11. That lighting in the parking lot of the premises shall be directed, positioned and shielded in such
a manner sous not to unreasonably illuminate the window area of any nearby residences.
12. That the applicant shall be responsible for maintaining a I'rner free area adjacent to the premises
over which he has control
13. .There shall be no pool tables or coin-operated games maintained upon the premises at any time.
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14. That the applicant shall not 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 other profit-sharing plan, scheme or conspiracy
15. 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.
16. 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.
17. That an on-site trash truck turn-around area shall be provided and maintained to the satisfaction of
the Department of Maintenance. Said tum-around area shaii be specifically shown on plans
submitted for building permits.
18. That subject property shall be developed substantially in accordance with plans and specifications
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.
19. 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. 15, 16 and 17,
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.
20. .That prior to final building and zoning inspections, whichever occurs first, Condition Nos. 10,15 and
18, above-mentioned, shall be complied with.
21. That approval of this application constitutes approval of the proposed request only to the extent that
it complies wRh 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 6th day of October 1994.
nnika M. antalahti
Zoning Administrator
NOTICE: This decision shaii become final unless an appeal to the City 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: 1 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: October 6, 1994 6~
Betty Preston
Sr. Office Specialist
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