Resolution-ZA 1995-13
DECISION NO. ZA 95-13
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 3393
OWNER: INVESTOR REALTY COMPANY
1 Civic Plaza, Suite 100
Newport Beach, CA 92660
AGENT: VIVA MEXICO RESTAURANT
c jo Art Bermudez
10922 Beach Boulevard
Stanton, CA 90680
LOCATION: 1731 West Katella Avenue
CEQA STATUS: Negative Declaration (previously approved)
HEARING DATE: July 6, 1995, continued from June 22, 1995.
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
SUPPORT: Three people spoke in support of the proposal at the June 22, 1995 meeting.
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 on-premises sale and
consumption of beer and wine in an existing restaurant (Cabo's Mexican Restaurant).
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 subject conditional use permit was originally approved by the Zoning Administrator on March
7,.1991 under Decision No. ZA 91-12 and no subsequent action was taken by the City Council; and
that the conditional use (on-sale beer and wine in a prior restaurant) was never established;
That during the four years since this use permit was originally approved, it has become City policy
that certain conditions pertaining to on-sale beer and wine be adopted in connection with
conditional use permits similar to the proposal and, therefore, it was determined that this use permit
should be considered at a public hearing so that certain conditions could be added if the use is
approved;
3. That the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code;
4. That the Police Department submitted High Crime/Over Concentration statistics showing:
(a) The crime rate for the underlying City reporting area (approximately 40 acres bounded by
Cerritos Avenue, Euclid Street, Katella Avenue and Nutwood Street) is 64% above the average
reported crime for the entire City; and
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(b) The number of existing alcoholic beverage licenses for the underlying A.B.C. reporting area
(approximately 120 acres: 80 acres bounded by Cerritos Avenue, 9th Street, Katella Avenue and
Nutwood Street, plus 40 acres bounded by ICatella Avenue, 9th Street, Orangewood Avenue and
Euclid Street) is 11, with 8 licenses being allowed under A.B.C. criteria.
5. That the petitioner testified at the public hearing, and field inspection showed, that of the 11 existing
A.B.C. licenses, only six are comparable to the proposal (i.e., beer and wine in connection with a
restaurant) and the remainder consist of one fraternal-type club (Dutch Ciub), two bars, and two
"out-of-business" premises.
6. That the petitioner testified at the public hearing that the proposal will be a sit-down family restaurant
where beer and wine will be served only in connection with meals and that there will be no live
entertainment on the premises; and, further, field inspection showed that the retail center where
subject use is proposed is well maintained;
7. That subject use permit is approved for a period of three years subject to certain conditions
contained herein, as recommended by staff;
8. That the proposed use, as approved, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located;
9. That the size and shape of the site for the proposed use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare;
10. That the traffic generated by the proposed use wilt not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area; and
11. That the granting of 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING:
That the Zoning Administrator has reviewed the proposal to permit on-premise sale and consumption of beer
and wine in an existing restaurant (Cabo's Mexican Restaurant) and does hereby find that the Negative
Declaration previously approved in connection with Conditional Use Permit No. 3393 is adequate to serve
as the required environmental documentation in connection with this request upon finding that the
declaration reflects the independent judgement of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and further finding on
the basis of the initial study and any comments received that there is no substantial evidence that the project
will have a significant effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional Use
Permit No. 3393, subject to the following conditions:
1. That the establishment shall be operated as a bona fide public eating place as defined in Section
23038 of the Business and Professions Code.
2. That there shall be no bar or lounge maintained on the licensed premises unless licensed by
Alcoholic Beverage Control and approved by the City of Anaheim (Section 18.03.070 Anaheim
Municipal Code).
3. That food service consisting of available meals shall be available up until closing time on each day
of operation.
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4. That there shall be no pool tables or coin-operated games maintained upon the premises at any
time.
5. That the subject alcoholic beverage license shall not be exchanged fora "public premises" (bar)
type license nor shall the restaurant be operated as a "public premise."
6. That the gross sales of beer and wine shall not exceed the gross sales of all retail (meals) 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.
7. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time.
8. That any entertainment provided shall not be audible beyond the area under the control of the
applicant(s).
9. That litter shall be removed daily from the premises, including adjacent public sidewalks and all
parking tots under the control of the applicant. These areas shall be swept or cleaned, either
mechanically or manually, on a weekly areas shall be swept. or cleaned, either mechanically or
manually, on a weekly basis to control debris (Section 25612.5(c)(5) Business and Professions
Code).
10. That the sale of beer and/or wine for consumption off the premises is prohibited.
1 i . That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of beer and wine.
12. That no beer and wine shall be consumed adjacent to (outside). the licensed premises (restaurant)
under the control of the applicant (Section 23300 Business and Professions Code).
13. That sales, service and consumption of beer and wine shall be permitted only between the hours
of 10:00 AM and 10:00 PM during the week and 10:00 AM and 12:00 midnight on weekends.
14. That the parking lot of the premises shah 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.
15. That lighting in the parking area of the premises shall be directed, .positioned and shielded in such
a manner so as not to unreasonably illuminate the window area of nearby residences.
16. That the doors to the premises shall be kept closed at all times during the operation of the premises
except for ingress/egress, permit deliveries and in cases of emergency.
17. That the applicant shall not 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 (Section 24200.5 Alcoholic Beverage Control
Act).
18. That there shall be no coin-operated telephones on the property controlled by the applicant outside
the building.
19. That this conditional use permit shall expire one (1) year from the date of approval unless a valid
license has been issued by the California Department of Alcoholic Beverage Control.
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20. That subject property shall be developed substantially in accordance with plans and specifications
(originally submitted in 1991) on file with the Planning Department marked Exhibit Nos. 1, 2 and 3.
21. That subject use permit is approved for a period of three (3) years and shall expire on July 6, 1998.
This decision is made, signed, and entered into the file this 13th day of July, 1995.
nnika M. Santalahti, Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied by
an appea{ fee, is filed with the City Clerk within 15 da s 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: July i 3, 1995 ~" ~'~R
Eleanor Fernandes, Senior Word Processing Operator
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