Resolution-ZA 2006-32•
RESOLUTION NO. ZA2006-32
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
AMENDING THE CONDITIONS OF APPROVAL OF
DECISION NO. ZA2003-31 APPROVING
CONDITIONAL USE PERMIT NO. 2003-04738 (TRACKING NO. CUP2006-05149)
(1339 NORTH EAST STREET - EL FAROLITO, JR. RESTAURANT)
WHEREAS, on August 21, 2003, the Zoning Administrator, by Decision No.
ZA2003-31, approved Conditional Use Permit No. 2003-04738 to permit the on-premises sale
and consumption of beer and wine within an existing restaurant in the I (Industrial) Zone; and
approval:
WHEREAS, said Decision No. ZA2003-31 includes the following condition of
"24. That the hours of operation shall be limited to 7 a.m. to 10 p.m.,
daily, as stipulated to by the petitioner."
WHEREAS, the applicant has requested to amend said condition of approval to
amend the hours of operation from 7:00 a.m. - 10:00 p.m. seven days a week to 7:00 a.m. to
12:00 a.m. Monday through Thursday and 7:00 a.m. to 2:00 a.m. Friday through Sunday; and
WHEREAS, this property is currently developed with a full-service restaurant, the
underlying zoning is I (Industrial); the Anaheim General Plan designates this property for Medium
Density Residential land uses; and this property is located within the Merged Redevelopment
Project Area; and is situated in the City of Anaheim, County of Orange, State of California,
described as:
THOSE PORTIONS OF LOTS 2 AND 3 OF THE STOCKWELL
SUBDIVISION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8 PAGE
10 OF MISCELLANEIOS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
FURTHER DESCRIBED AS FOLLOWS:
PARCEL A AS SHOWN ON A PARCEL MAP RECORED IN BOOK 11
PAGE 12 OF PARCEL MAPS, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic
Center in the City of Anaheim on November 22, 2006, at 9:30 a.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60 "Procedures" to hear and consider evidence for and against said
proposed amendment and to investigate and make findings and recommendations in connection
therewith; and that the item was continued from the November 9, 2006 meeting; and
WHEREAS, said Zoning Administrator, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the applicant's proposal to amend hours of operation for apreviously-
approved restaurant with beer and wine sales for on-premises consumption is authorized by
Sections 18.66.040.020.0204 (Approval Authority) and 18.60.190.030 (Amendment of Permit
Approval) of the Anaheim Municipal Code.
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2. That the facts necessary to support each and every required showing for the
original approval of the entitlement exist; and that an inspection conducted by the Community
Preservation Division of the Planning Department revealed that the site is in compliance with all
conditions of approval.
3. That this conditional use permit is being exercised in a manner not detrimental to
the particular area and surrounding land uses, or to the public health and safety.
4. That nobody indicated their presence at said public hearing in opposition; and
that no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning
Director, or her authorized representative, has determined that the proposed project falls within
the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined
in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare
additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator
for the reasons hereinabove stated does hereby amend the conditions of approval of Decision
No. ZA2003-31, pertaining to Conditional Use Permit No. 2003-04738, to read as follows:
**Bold indicates modified conditions
That the landscape 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 sales 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.
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i 0. 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.
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 I (Industrial)
Zone. Any new signs shall be submitted to the Planning Services Department 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.
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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 shall 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 12 a.m., Monday through
Thursday, and 7 a.m. to 2 a.m. Friday through Sunday as proposed by the applicant.
25. That the 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, 2, and 3 and as conditioned herein.
26. That prior to commencement of the activity authorized by this Resolution, or prior to
issuance of a building permit, or within a period of one (1) year from the date of this
Resolution, 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 Resolution or prior to final
building and zoning inspections, whichever occurs first, Condition No. 25,
above-mentioned, shall be complied with.
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.
29. That timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition(s), (ii) the modification complies
with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved structure.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or
the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator
meeting of November 22, 2006. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
//~~~~ ~IVI~G ADMINISTRATOR
DATE
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S Nl0 SE Y, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Zoning Administrator held on November 22, 2006.
IN WITNESS WHEREO , I have hereunto set my hand this day of
~ 2006. ` t
SR. SECRE ARY, ANAHEIM ZONING ADMINISTRATOR
DECISION NO. MM2006-2
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A DECISION OF THE PLANNING DIRECTOR
APPROVING A MINOR MODIFICATION (MIS2006-00174)
OWNER: Jerald Farrell
191 South Woodrose Court
Anaheim, CA 92807
CASE NO. MIS2006-00174
ADDRESS: 191 South Woodrose Court
APPLICATION
RECEIVED: November 20, 2006
DATE
APPROVED: December 5, 2006
REQUEST: Waiver of maximum wall height (6 feet permitted; 7 feet, 4 inches existing) under
authority of 18.62.045.060 (Minor Modifications) of the Anaheim Municipal Code to
permit and retain an existing 7 feet, 4 inch high block wall along the rear property line
of an existing single family residence in the RS-2 (SC) (Single Family Residential;
Scenic Corridor Overlay) zone.
Having been appointed by the Planning Director to decide the above-referenced petition I do hereby find:
1. That the modification is consistent with the purposes and intent of the Zoning Code;
2. That the same or similar result cannot be achieved by using provisions in the Zoning Code
that do not require the modification;
3. That the modification, as conditioned, does not conflict with the provisions of the California
Building Standards Code or other codes, as adopted by the City;
4. That the modification will not produce a result that is out of character or detrimental to the
neighborhood;
5. That this request is the result of a Community Preservation violation notice issued to the
applicant.
6. That a portion of the rear property line of the subject property abuts Anaheim Hills Road,
which is designated in the Anaheim General Plan Circulation Element as a Hillside Secondary Arterial
highway. A 7-foot, 4-inch high block wall along the rear property line would provide for more safety,
security, privacy, and sound attenuation for a single family residence located in close proximity to an
arterial highway.
Based on the evidence and testimony presented to me, I do hereby determine to approve the Minor
Modification (MIS2006-00174), subject to the following conditions:
1. That the 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, as conditioned herein.
MIS 2006-00174.doc - 1 of 2 - MM2006-2
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all times.
2. That the subject wall shall be maintained in an attractive, safe and graffiti-free condition at
3. That a building permit shall be obtained from the Building Division for the subject 7-foot, 4
inch high subject wall.
4. 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 5th day of December, 2006.
David See, Senior Planner
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 fifteen (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 seven (7) 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.
C
DATE: December 11, 2006 ~
Pat Chandler, Senior Secretary
MIS 2006-00174.doc - 2 of 2 - MM2006-2