Resolution-ZA 2003-30• •
DECISION NO. ZA 2003-30
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2003-04724
OWNER: Harvey Owen
P.O. Box 308
Buena Park, CA 90621
AGENT: Diana Navarro
P.O. Box 308
Buena Park, CA 90621
LOCATION: 1734 South Euclid Street (Rincon Latino Restaurant)
CEQA STATUS: Categorically Exempt, Class 1
HEARING DATE: August 7, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal, and
no correspondence was received in opposition.
REQUEST: Petitioner requests approval of a conditional use permit under authority of Code
Sections 18.12.050.010 and 18.44.050.010 to permit and retain the retail sale of
alcoholic beverages for on-premises consumption in an existing restaurant in a
commercial retail center 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 Sections 18.03.030.030
through 18.03.030.035 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.
2. That the proposed use, under the conditions imposed, will not adversely affect the adjoining
land uses and the growth and development of the area in which it is located because the restaurant is
located in an existing commercial center and operates in a manner consistent with other businesses in
the area; and that approval of this Conditional Use Permit will not increase the number of on-premises
ABC licenses in the surrounding area.
3. That the size and shape of the site for the proposed use, under the conditions imposed, 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 because the restaurant has been in operation for 42
years.
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.
5. 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.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2003-04724, subject to the following conditions:
Za2003-030.doc 1 of 3 ZA 2003-30
• •
1. That at all times when the premises are open for business, the premises shall be maintained as a
bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in
such restaurant; and that alcoholic beverages shall only be sold and served when full meal service
is available.
2. That there shall be no bar or lounge area upon the licensed premises maintained for the purpose of
sales, service, or consumption of alcoholic beverages directly to patrons for consumption.
3. That no pool tables or amusement devices shall be maintained upon the premises at any time.
4. That the gross sales of alcoholic beverages shall not exceed forty percent (40°/a) of the gross sale 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 for inspection by any City of Anaheim official when requested.
5. That no live entertainment, amplified music or dancing shall be permitted on the premises at any
time.
6. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
7. 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 alcoholic beverages.
8. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
9. That subject alcohol beverage license shall not be exchanged fora 'public premises' (bar) type
license nor shall the establishment be operated as a `public premises' as defined in Section 23039 of
the State of California Business and Professions Code.
10. That no admission fee, cover charge, or minimum purchase shall be required.
11. 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 illuminated the windows of nearby residences.
12. That no 'happy hour' type of alcoholic beverage promotion shall be permitted.
13. 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.
14. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code
and shall be kept closed at all times during operation of the premises except for ingress and egress,
to permit deliveries and in cases of emergency.
15. 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.
16. 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 No. 15, 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
Za2003-030.doc 2 of 3 ZA 2003-30
n
•
is requested for the alcohol sales portion of this request, it shall be considered at a noticed public
hearing.
17. 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 14th day of August, 2003.
Annika M. Santaiahti, 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: August 14, 2003 ~/~ ~~ 1 ~ 1~ ~- Nl ~~ ~ ~'~
Danielle C. Masciel, Word Processing Operator /' ,
Za2003-030.doc 3 of 3 ZA 2003-30