Resolution-ZA 2003-39
DECISION NO. ZA 2003-39
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2003-04767
OWNER: Chung N. Rho
20439 Cunningham Place
Saratoga, CA 95070
AGENT: Pablo Guiterrez and Rosario Navarro
1825 North Euclid Avenue, Suite A
Anaheim, CA 92801
LOCATION: 825 North Euclid Street, Suite A
CEQA STATUS: Categorically Exempt, Class 1
HEARING DATE: October 16, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence in opposition was received.
REQUEST: Approval of a conditional use permit under authority of Code Sections 18.12.050.010
and 18.44.050.010 to wit: to permit the retail sale of beer and wine for on-premises
consumption in conjunction with an existing full service restaurant in the CL
(Commercial Limited) Zone.
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 the proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code for the CL (Commercial, Limited) Zone.
2. That granting 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.
3. 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 because the existing restaurant is located in
an existing commercial center, the proposal will operate in a manner consistent with existing businesses
in the area and will not substantially change the character of the commercial center; and that the
proposal is not within an area of over concentration of on-premises Alcoholic Beverage Control ("ABC")
beer and wine licenses.
4. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and genera{ welfare because the restaurant is in an existing commercial center and no
alterations are proposed to the commercial center in connection with this conditional use permit.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area.
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Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2003-04767, subject to the following conditions:
That the establishment shall be operated as a 'bona fide public eating place' as defined by Section
23038 of the California Business and Professions Code.
2. That there shall be no bar or lounge maintained on the property unless licensed by the Department
of Alcoholic Beverage Control ("ABC") and approved by the City of Anaheim.
3. 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.
4. That there shall be no pool tables maintained upon the premises at any time.
5. That subject beer and wine 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.
6. That the sale of beer and wine shall not exceed forty percent (40%) 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 beer and wine and other items. These records shall be
made available, subject to audit and when requested, for inspection by any City of Anaheim official
during reasonable business hours.
7. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without the proper permits having first been issued by the city, as required by the Anaheim
Municipal Code.
8. That the sale of beer and 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 the building, promoting or indicating the availability of beer and wine.
10. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
11. That the hours of operation shall be limited to the following, as stipulated to by the applicant:
Monday through Friday: 7:00 a.m. to 10:00 p.m.
Saturday and Sunday: 7:00 a.m. to 12:00 midnight.
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 shall comply with Section 24200.5 of the California 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 other profit-sharing plan, scheme or conspiracy.
14. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code,
and shall be kept closed and unlocked at all times during hours of operation except for ingress and
egress, to permit deliveries and in cases of emergency.
15. That there shall be no public telephones on the premises which are located outside the building.
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16. That trash storage area(s) serving this restaurant shall be refurbished to comply with approved plans
on file with the Public Works Department.
17. That the applicant shall file an Emergency Listing Card, Form APD-281, with the Anaheim Police
Department.
18. That within a period of one (1) year from the date of this decision, the applicant shall have requested
and been issued a valid license by the California Department of Alcoholic Beverage Control ("ABC").
19. 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, and as conditioned herein.
20. That prior to commencement of the activity authorized by this decision, or prior to final building and
zoning inspections, or within a period of one (1) year from the date of this decision, whichever occurs
first, Condition Nos. 14, 16, 17 and 19, 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. Further, if an extension of time is requested for the alcohol sales portion
of this request, it shall be considered at a noticed public hearing.
21. 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 23~d day of October, 2003.
~ ~~. ~~-~~~r ~~~~~~
Annika M. Santalahti, 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 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: October 23, 2003
Danielle C. Masciel, Word Processing Operator
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