Resolution-ZA 2003-31• •
DECISION NO. ZA 2003-31
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2003-04738
OWNER: Dennis R. Sciotto
7315 EI Fuerte Street
Carlsbad, CA 92009
AGENT: Guillermo Portugal
124-A North Stanford Avenue
Fullerton, CA 92831
LOCATION: 1339 North East Street (EI Farolito Jr. Restaurant)
CEQA STATUS: Categorically Exempt, Class 1
HEARING DATE: August 21, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence was received in opposition.
REQUEST: Approval of a conditional use permit under authority of Code Sections 18.12.050.010
and 18.61.050.390 to permit the sale of beer and wine for on-premises consumption in
an existing full-service restaurant in the ML (Limited Industrial) 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.
2. 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.
3. That the size and shape of the site for the proposed use 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.
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 traffic in the area, and the use will not impede
vehicular access to and from East Street.
5. That granting this Conditional Use Permit for on-premises sale and consumption of beer
and wine in afull-service restaurant will not, under the conditions imposed, be detrimental to the peace,
health, safety and general welfare of the citizens of the City of Anaheim.
6. That the proposed on-premises sale and consumption of beer and wine within afull-
service restaurant will not, under the conditions imposed, adversely affect adjoining land uses.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2003-04738, subject to the following conditions:
ZA2003-031.doc - 1 of 4 - ZA2003-31
• •
1. That the {andscape planters shall be permanently maintained with live and healthy plants.
2. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
3. That all doors serving this restaurant shall conform to Uniform Fire Code requirements and shall be
kept closed at all times during operation of the premises except for ingress and egress, deliveries,
and emergencies.
4. That this establishment shall be operated as a "bona fide public eating place" as defined by Section
23038 of the California Business and Professions Code.
5. That at all times when this establishment is open for business, the premises shall be maintained as a
bona fide restaurant and an assortment of foods normally offered in such restaurant shall be
provided.
6. 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.
7. That there shall be no pool tables, vending machines or arcade devices maintained upon the
premises at any time.
8. That subject beer and wine 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
California Business and Professions Code.
9. That the gross sale of beer and wine shall not exceed forty percent (40%) of the gross sales of all
retail safes during any three (3) month period. The applicant shall maintain records on a quarterly
basis indicating the separate amounts of sales of alcohol and other items. These records shall be
made available for inspection by any City of Anaheim official during reasonable business hours.
10. 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 obtained as required by the Anaheim Municipal
Code.
11. That the sale of beer and wine for off-premises consumption shall be prohibited.
12. 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.
13. That the activities taking place in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
14. 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 and mobile homes. Said information
shall be specifically shown on plans submitted to the Police Department, Community Services
Division, for review and approval.
15. 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.
ZA2003-031.doc - 2 of 4 - ZA2003-31
~ •
16. That there shall be no public telephones (which are within control of the applicant) on the premises
and which are located outside the building.
17. That there shall be no admission fee, cover charge, nor minimum purchase required to allow
entrance to this establishment.
18. That the proposal shall comply with all signing requirements of the underlying ML (Limited Industrial)
Zone. Any new signs shall be submitted to the Zoning Division for review and approval prior to
installation.
19. That no advertising or identification of any type shall be permitted on any outdoor furniture or
equipment including umbrellas, by illustration, text or any other means of visual communication.
20. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
21. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be
specifically shown on plans submitted to the Planning Department and Public Works Department,
Streets and Sanitation Division, for review and approval.
22. That four (4) foot high street address numbers shall be displayed on the flat area of the building roof
in a contrasting color to the roof material, and that the numbers shall not be visible to the adjacent
streets or properties. Said information shall be specifically shown on plans submitted to the Police
Department, Community Services Division, for review and approval.
23. That if entertainment or dancing is permitted on the premises, security measures sha11 be provided
at all such times, to the satisfaction of the Anaheim Police Department, to deter unlawful conduct on
the part of employees or patrons, to promote the safe and orderly assembly and movement of
persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created
by patrons entering or leaving the premises.
24. That the hours of operation shall be limited to 7 a.m. to 10 p.m., daily, as stipulated to by the
petitioner.
25. 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.
26. That prior to commencement of the activity authorized by this Decision, or prior to issuance of a
building permit, or within a period of one (1) year from the date of this Decision, whichever occurs
first, Condition Nos. 14, 21 and 22, 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.
27. That prior to commencement of the activity authorized by this Decision or prior to final building and
zoning inspections, whichever occurs first, Condition No. 25, above-mentioned, shall be complied
with.
ZA2003-031.doc - 3 of 4 - ZA2003-31
~ •
28. 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 28th day of August, 2003.
~ c_OZ r GZitt.~CC~~'Z~ .
nnika M. Santalahti, Zoning dministrator
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 28`h' 2003 1
anielle C. Mas ~ Pro using Operator
ZA2003-031.doc - 4 of 4 - ZA2003-31