Resolution-ZA 1998-29~ •
DECISION NO. ZA 98-29
A DECISION OF THE ZONING ADMINISTRATOR
REINSTATEMENT OF CONDITIONAL USE PERMIT N0.3393 AND
AMENDING THE CONDITIONS OF APPROVAL
OWNER: Independent Development
1216 North Tustin Street
Orange, CA 92867
AGENT: Art Bermudez
1421 South Easy Way
Anaheim, CA 92804
LOCATION: 1731 West Katella Avenue (Cabo's Mexican Restaurant)
CEQA STATUS: CEQA Negative Declaration was previously approved
HEARING DATE: October 22, 1998
OPPOSITION: No one indicated their presence at the public hearing in .opposition to the proposal and
no correspondence in opposition was received.
REQUEST: Petitioner requests reinstatement of this conditional use permit which currently contains
a time limitation (until July 6, 1998) to retain the .retail sale of beer and wine for on-
premises consumption in conjunction within an existing enclosed restaurant under
.authority of Code Section 18.03.093.
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 tothe Sections 18.02.030.030
through 18.02.030.035 of the Anaheim Municipal Code:
1. That this conditional use permit was previously approved under. authority of Code Sections
18.12.050.010 and 18.44.050.010 to permit the retail. sale of beer and wine for on-premises consumption
in conjunction with an existing enclosed restaurant for a period of three years to expire on July 6, 1998
(Condition No, 21 of Zoning Administrator Decision No. 95-13).
2. That the petitioner also requests deletion of Condition No. 21 in order to eliminate any time
limitations for this use.
3. 'That thepreviously-approved CEQA Negative Declaration serves as the required environmental
documentation for reinstatement of his conditional use permit and no furtheraction is needed.
4. That this use permit is being exercised in substantially the same manner and in conformance with
all conditions and stipulations originally approved.
5. That this use, as reinstated, will not adversely affect theadjoining land uses and the growth and
development of the area in which it is located.
6. Than the size and shape of the site for the use, as reinstated,. is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
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7. That the traffic generated, by the use, as reinstated,- will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
8. That reinstating this conditional use permit, including new conditions and amended conditions to
conform with up-to-date wording, will not be detrimental to the peace, health, safety and general welfare of
the citizens of the City of Anaheim.
9. That no changes have occurred to the approved use which .contradict the original findings 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.
10. .That deletion of Condition No. 21, pertaining to the time limitation, and amendment of certain
other conditions is appropriate because this use is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Zoning Administrator.
Based on the evidence and. testimony presented to me, I do hereby determine to reinstate Conditional
Use Permit No. 3393 and to amend the conditions of approval of Decision No. ZA95-13 as follows:
(a) That Conditions Nos. 6, 8, 15 and 17 be amended to read:
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 alcoholic beverage,license shall,not be exchanged for a public premises (bar)
type license nocshall the establishment be operated as a public premise as defined in
Section 23039 of the California Business and Professions Code.
6. That the sale of alcoholic beverages shall not exceed forth 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 alcoholic beverages and other
items. These records shall be made available, subject to audit and, when requested
inspection by any City of Anaheim official 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 pecmits as required by the Anaheim
MunicipahCode.,..-
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.
(b) That new Conditions Nos. 21 and 22 beadded to read:
21. That within a period of sixty (60) days from the date ofthis decision, the petitioner shall
repair the damage to the stucco facade on the north building elevation.
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22. That the owner of subject properly shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 2511 (permitting on-premises sale of beer and
wine in an existing sandwich shop at 1711 W. Katella Avenue), Variance No. 3311 (waiving
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 (permitting 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 (permitting on-premises sale and
consumption of beer and wine in conjunction with a restaurant).
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 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 27th day of October, 1998.
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Annika M. Santalahti, Zoning dministrator
NOTICE: This decision shall become final unless an appeal o 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: t 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 27, 1998 '~
Patricia A. I<oral, Word Pro essin Operator
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