Resolution-ZA 1995-04
DECISION NO. ZA 95-04
A DECISION OF THE ZONING ADMINISTRATOR
AMENDING DECISION NO. ZA-93-52,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3633
OWNER: Harvey Owen
8021 Ninth Street #D-2, Buena Park, CA 90621
AGENT: Hakam Issa
2535 West Lincoln Avenue #29, Anaheim, CA 92801
LOCATION: 1732 South Euclid Street
CEQA STATUS: Negative Declaration (previously approved)
HEARING DATE: March 16, 1995
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence: in opposition was received.
REQUEST:. Petitioner requests amendment to subject conditional use permit under authority of Code
Sections 18.12.050:010 and 18.44.050.010 to permit on-premises sale and consumption
of alcoholic beverages, in addition to 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 duty
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 on September 23, 1993 the Zoning Administrator originally approved. Conditional Use Permit
No. 3633 (permitting on-premises sale and consumption of beer and wine in a restaurant with waiver
of minimum number of parking spaces) in conjunction with a Negative Declaration; and that no
further action was taken by the City Council;
2. That Decision No. ZA 93-52, adopted in conjunction with subject use permit, includes the following
conditions pertaining to beer and wine:
"4. That the sale of beer and/or wine for consumption off the premises be prohibited.
13. That beer and wine shall be sold only in connection with meal service."
That the petitioner proposes on-premises sale and consumption of alcoholic beverages, in addition
to the previously-approved beer and wine, in conjunction with meals in a restaurant;
4. That the proposed use, as amended, is properly one for which a conditional use permit is authorized
by the Zoning Code;
5. That adding on-premises sale and consumption of other alcoholic beverages to the beer and wine
sales is an intensification of land use and, therefore, the use is approved for a period of one year
to determine whether there are any resulting adverse impacts on the adjacent single family
residences to the north or to other uses in the area;
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6. That the proposed use, as amended, will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located;
That the size and shape of the site for the proposed use, as amended, 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 proposed use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the-area; and
9. -That granting amendment to 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 FINDING: That the Zoning Administrator has reviewed the
proposal and does hereby find that the Negative Declaration previously approved in connection with
Conditional Use Permit No. 3633 is adequate to serve as the required environmental documentation in
connection with this request upon finding that the declaration reflects the independent judgement of the lead
agency and that it has considered the Negat'Ne 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 amend Decision No. ZA 95-04, approved
in connection with Conditional Use Permit No. 3633, to permit on-premises sale and consumption of
alcoholic beverages in addition to beer. and wine in an existing restaurant; and
That the conditions of approval contained in Decision No. ZA 93-52 are hereby amended, in their entirety,
to read as follows:
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 maintained for the purpose of sale,
service or consumption of alcoholic beverages directly to patrons for consumption.
3. That the alcoholic beverage license shall not be exchanged for a public premises type license nor
shall the. premises be operated as a public premises.
4. That the sale of alcoholic beverages or beer or wine for consumption off the premises is prohibited.
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 Business License Division.
8. That there shall be no pool tables or coin-operated games maintained upon the premises at any
time.
9. 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.
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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.
11. That an on-site trash truck turn-around area shall be provided and maintained to the satisfaction of
the Department of Maintenance.
12. That the on-premises sale and consumption of alcoholic beverages (in addition to beer and wine)
in conjunction with meals in an existing restaurant, is granted for a period of one (1) year, to expire
March 16, 1996.
In the event that the on-sale of alcoholic beverages is discontinued or otherwise terminated or
deletion of this condition is not obtained, the on-premises sale and consumption of beer and wine
in conjunction with meals may continue in connection with this conditional use permit.
13. That alcoholic beverages- shall be sold only in connection with meal service in a bona fide
restaurant.
14. 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. 1, 9, 10 and 11,
above-mentioned, shall be complied with. F~ctensions 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 March, 1995.
21it'~,,
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 i 5 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.
j
l
DATE: March 23, 1995 ~~ ~ C ~~
Betty Presto
Sr. Office Specialist
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