Resolution-ZA 2003-29•
DECISION NO. ZA 2003-29
•
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2003-04728
OWNER: Pacific West Asset Management
P.O. Box 19068
Irvine, CA 92623
AGENT: Rafael Jimenez
Taco Taco
1256 South Magnolia Avenue
Anaheim, CA 92804
LOCATION: 1256 South Magnolia Avenue (Taco Taco)
CEQA STATUS: Categorically Exempt, Class 1
HEARING DATE: August 7, 2003
OPPOSITION: That one person spoke at the public hearing with concerns and opposition regarding the
proposal; and that no correspondence was received in opposition to the proposal.
REQUEST: Petitioner requests approval of a conditional use permit under authority of Code Sections
18.12.050.010, 18.12.050.015, 18.44.050.010 and 18.44.050.300 to permit a new
outdoor dining area and add the retail sale of beer and wine for on-premises consumption
in conjunction with 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 the 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 will not, under the conditions imposed, adversely affect the adjoining
land uses and the growth and development of the area in which it is proposed to be located because the
an area in which it is located does not have an over-concentration of on-premises beer and wine licenses.
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 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. 2003-04728, subject to the following conditions:
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That at all times when the premises are open for business, the premises shall be maintained as a
bona fide restaurant, and a menu containing an assortment of foods normally offered in such a
restaurant shall be provided to the customers.
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 there shall be no pool tables or amusement devices maintained upon the premises at any time
unless the proper permits have been obtained from the City of Anaheim.
4. (a) That the sale and service of beer and wine shall only be available in connection with the sale
and service of meals.
(b) That the gross sales of beer and wine shall not exceed forty percent (40%) 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. (a) That there shall be no live entertainment or dancing permitted outside the building and in the
outdoor seating area at any time unless the proper permits have first been obtained from the
City of Anaheim.
(b) That there shall be no amplified music what-so-ever outside the building in the outdoor dining
area.
6. That the sale of beer and wine 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 beer and wine.
8. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
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
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 illuminate the windows of nearby residences.
12. 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.
13. That at all times when entertainment or dancing is permitted, security measures shall be provided to
the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of
employees or patrons, and 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.
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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 there shall be no public telephones on the property that are located outside the building and
within the control of the applicant.
16. That any and a{I security officers provided at this restaurant shall comply with all State and Local
ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the
California Business and Professions Code. (Section 4.16.070 Anaheim Municipal Code)
17. That the outdoor dining area shall be completely enclosed by fencing or other such permanent
structure as approved by the City of Anaheim and shown on plans submitted to the Zoning Division
for review and approval; that said enclosure shall be at least forty (40) inches in height; and that
entry into the enclosed outdoor dining area shalV only be available from inside the restaurant.
Emergency exits required by the Uniform Fire Code shall be maintained, but not utilized by patrons
and/or employees other than in an emergency.
18. 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.
19. That a plan for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department for review and approval.
20. That an on-site trash truck turn-around shall be provided, as required by the Public Works
Department, Streets and Sanitation Division.
21. That the petitioner shall add a three (3) foot wide landscaped planter along the front of the restaurant
building north of the front entry doors, and shall place landscaped planter boxes along the perimeter
of the new outdoor dining area. Said landscaped planters shall be properly maintained with live and
healthy plants.
22. That the two existing small 'box' signs shall be removed or relocated below the roof line of the
building. The appropriate permits shall be obtained from the City if the 'box' signs are to relocated to
ensure compliance with Chapter 18.05 (Outdoor Advertising-Signs and Billboards) of the Anaheim
Municipal Code.
23. 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, 2 and 3, and as conditioned herein.
24. 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 Nos. 17 and 19,
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.
25. That prior to commencement of the activity authorized by this Decision or prior to final building and
zoning inspections, whichever occurs first, Condition Nos. 18, 20, 21, 22 and 23, above-mentioned,
shall be complied with.
26. 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.
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This decision is made, signed, and entered into the file this 14th day of August, 2003.
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Annika M. Santalahti, oning 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 "`~' ~ ~, Q S~~ ~ ' ~-j
Danielle Masciel, Word Processing Operator
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