Minutes-ZA 1998/10/22ACTION AGENDA
REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR
THURSDAY, OCTOBER 22,1998 9:30 A-M.
STAFF PRESENT:
Annika Santalahti, Zoning Administrator
Kathy Pfost, Associate Planner
Selma Mann, Deputy City Attorney
Patricia Koral, Word Processor
PUBLIC HEARING ITEMS:
1a. CEQA NEGATIVE DECLARATION
ib. CONDITIONAL'USE PERMIT N0.3393
(PREVIOUSLY-APPROVED) Aooroved
(READVERTISED) Aooroved
OWNER: Independent Development
1216 N. Tustin Street
Orange, CA 92867
AGENT: Art Bermudez
1421 S. Easy Way
Anaheim, CA 92804
LOCATION: 1731 West Katella Avenue - Cabo's Mexican Restaurant. Properly is
approximately 2.67 acres located at the northwest comer of Katella Avenue
and Euclid Street.
To consider reinstatement of this permit which currently contains a time limitation
(until July 6, 1998) to retain the retail sales of beer and wine for on-premises
consumption within an existing restaurant.
ZONING ADMINISTRATOR DECISION NO. 98-29
REMARKS: The Zoning Administrator approved the following, that the previously-.approved
CEQA Negative Declaration serves as the required environmental documentation for the
reinstatement of Conditional Use Permit No. 3393 and approve reinstatement of Conditional Use
Permit No. 3393 (to permit the sale of beer and wine for on-premises consumption within a
restaurant) based on the findings that (i) no changes have occurred to the approved use which
contradict the original fihdings for approval and that the on-premises sale and consumption of
beer and wine in conjunction with the primary restaurant use, as currently operated, are not a
detriment to the surrounding properties, and (ii) that the modification of Condition No. 21 of
Zoning Administrator Decision No. 95-13 is necessary to permit the continued use of the
business.
The Zoning Administrator also concurred with staff regarding the deletion of Condition No. 21
pertaining to a time limitation since this use is being exercised substantially in the same manner
and in conformance with all conditions and stipulations originally approved by the Zoning
Administrator.
In addition, approved the modification of Conditions of Aooroval Nos. 3. 4. 5. 6. 8. 15. and 17 of
Zoning Administrator Decision No. 95-13 to conform with the updated wording currently used for
restaurants with accessory on-premises sale and consumption of beer and wine to read as
follows with the additions of Condition Nos. 21 and 22:
ZA102298:DOC
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° 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. °
' S. 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 premise as defined in Section 23039 of the California Business and
Professions Code.'
" 6. That the sales of alcoholic beverages shall not exceed 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 alcoholic beverages and other items. These records shall be
made available, subject to audit and, when requested inspection by any City
ofAnaheim ofrcial during reasonable business hours.°
' 8. 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. °
°15. 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.°
°17. That the business operator shall 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 other
profit-sharing plan, scheme or conspiracy'
Addition of new Conditions of Aooroval Nos. 21 and 22 to read as follows:
'21. That within a period of sixty (60) days from the date of this decision the
petitioner shall repair the damage to the stucco facade on the northerly
building elevation.
22. That within a period of sixty (60) days from the date of this decision the owner
of subject property shall submit a letter requesting termination of Conditional
Use Permit No. 2511 (to permit on-premises sale of beer and wine in an
existing sandwich shop at 1711 W. Katella Avenue), Variance No. 3311 (to
waive permitted location of roof sign, minimum distance between signs and
maximum height of illuminated roof sign to permit a roof sign at 1723 W.
Katella Avenue -Don Diego Restaurant), Conditional Use Permit No. 2028
(to permit on-premises sale and consumption of alcoholic beverages and
expansion of a restaurant with waiver of maximum structural height and
minimum side yard setback at 1723 W. Katella Avenue -Don Diego's
Restaurant), and Conditional Use Permit No. 1105 (to permit on-premises
sale and consumption of beer and wine in conjunction with a restaurant), to
the Zoning Division.
23. That approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anaheim Municipal Zoning Code
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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 otherapplicable ordinance, regulation or requirement."
PRESENT: Agent, Art Bermudez, 1421 S. Easy Way, Anaheim, CA 92804.
No one else indicating an interest in speaking for or against the project.
2a. CEOA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved
2b. CONDITIONAL USE PERMIT NO. 3798 (READVERTISED) Approved
OWNER: Welr Partners, L.T.D.
1 Park Plaza, Ste. #430
Irvine, CA 92614
AGENT: Joseph D. Carroll
1 Park Plaza, Ste. #430
Irvine, CA 92614
LOCATION: 721 South Welr Canvon Road - Rosine's Restaurant. Properly Is
approximately 11.9 acres located at the southwest comer of Weir Canyon
Road and Serrano Avenue.
To permit a 900 square foot expansion to an existing full-service restaurant with on-
premises sale and consumption of beer and wine.
2:ONING ADMINISTRATOR DECISION fVO. 98-30
REMARKS: The Zoning Administrator stated that the previously-approved CEQA Negative
Declaration is the appropriate environmental documentation for this request and to approve the
900 square foot expansion of an existing 1,209 square foot restaurant (with sales of beer and
wine for on-premises consumption) with the modification to reflect the new square footage of the
restaurant and will approve Conditional Use Permit No. 3798 for the 900 sq. ft. expansion to the full
service restaurant with on premises sale of consumption of beer and wine at 721 South Weir
Canyon Road, and that will include amendment to condition no. 13 to reflect the revision of the 900
extra sq. ft.
Amending the condition of approval to read as:
"13. 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 Revision No. 1 of Exhibits No. 1 and 2.
PRESENT: Owner or the Agent was not present.
No one was present to speak for or against the project.
Deputy City Attorney, Selma Mann stated that ordinarily a recommendation for continuance would
be in order but because there are no conditions for the applicant to object to so it would be up to the
Zoning Administrator.
3. ITEMS OF PUBLIC INTEREST: NONE
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