Resolution-ZA 2005-02• •
DECISION NO. ZA 2005-2
A DECISION OF THE ZONING ADMINISTRATOR
AMENDING RESOLUTION NO. PC87-59,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2894
OWNER: Gelb Enterprises
17547 Ventura Boulevard, Suite 201
Encino, CA 91316
AGENT: Maria C. Contreras
EI Encanto
2424 West Ball Road, Suite J
Anaheim, CA 92804
LOCATION: 2424 West Ball Road, Suites G, H and J
CEQA STATUS: Categorically Exempt, Class 1
HEARING DATE: January 6, 2005
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence in opposition was received.
REQUEST: Approval of an amendment to Conditional Use Permit No. 2894 under authority of Code
Sections 18.08.030.010, 18.60.020.020.0202 and 18.66.040.020.0204 to expand an
existing restaurant with the sale of beer and wine for on-premises consumption.
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
petition pursuant to Anaheim Municipal Code Section 18.60.020 (Establishment of Zoning Rdministrator
Position) of the Anaheim Municipal Code, and a public hearing having been duly noticed for and held on
the date set forth above, I do hereby find, pursuant to Sections 18.60.190 (Amendment of Permit
Approval) and 18.66.060 (Findings) of the Anaheim Municipal Code:
1. That Conditional Use Permit No. 2894 was granted by the Planning Commission on March 2,
1987, by Resolution No. PC87-59, to permit on-sale beer and wine in a proposed restaurant with waiver
of the minimum number of parking spaces (208 spaces required for the commercial center in which the
restaurant is located, 170 spaces existing and proposed); and that said resolution contains certain
conditions of approval, including No. 2 which specifies that the restaurant shall be developed in
accordance with Exhibit Nos. 1, 2 and 3.
2. That the property is developed with a 24-unit commercial retail center, including subject
restaurant (EI Encanto Mexican Restaurant) in Unit J; that the zoning is C-G (General Commercial); and
that the Land Use Element of the Anaheim General Plan designates the property for General Commercial
land uses.
3. That the proposal to expand the existing restaurant with the safe of beer and wine for on-
premises consumption to the adjacent Units G and H, is properly one for which a conditional use permit is
authorized by the Zoning Code.
4. That the applicant has submitted revised plans labeled Revised Exhibit Nos. 1 (site plan) and
2 (floor plan) to illustrate the proposed expansion and to replace the previously approved Exhibit Nos. 1, 2
and 3, and photographs showing the existing restaurant and the adjoining units into which the expansion
is proposed.
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5. That the proposed expansion of the restaurant with the sale of beer and wine for on-premises
consumption, as conditioned herein, will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
6. That the size and shape of the site for the proposed expansion of the restaurant with the sale
of beer and wine for on-premises consumption, as conditioned herein, 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.
7. That the traffic generated by the proposed expansion of the restaurant with the sale of beer
and wine for on-premises consumption, as conditioned herein, will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area.
8. That amending 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 amend Conditional Use
Permit No. 2894, as granted in connection with Resolution No. PC87-59, to approve the proposed
restaurant expansion, including the sale of beer and wine for on-premises consumption; and to amend
the conditions of approval in their entirety to read as follows:
1. That at all times when these 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.
2. That there shall be no bar or lounge area maintained on the property unless licensed by Alcoholic
Beverage Control (A.B.C.) and approved by the City of Anaheim.
3. That there shall be no pool tables maintained upon the premises at any time.
4. 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 alcoholic beverages and other items. These
records shall be made available, subject to audit and, when requested inspection by any City of
Anaheim official during reasonable business hours.
5. 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 issued by the City, as required by the Anaheim
Municipal Code.
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 premises, 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.
9. The daily hours of operation shall be limited to 10:00 a.m. to 9:00 p.m.
10. That subject alcoholic beverage license shall not be exchanged for a 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.
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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 any 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 all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code
and shall be kept closed at all times during the operation of the premises except for ingress/egress,
to permit deliveries, and in cases of emergency.
14. That there shall be no public telephones which are associated with these premises, located outside
the building.
15. That, as required by the Anaheim Police Department, any and all security officers provided 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 and Section 4.16.070
(Policing) of Chapter 4.16 (Amusement and Entertainment Premises -Dances) of the Anaheim
Municipal Code.
16. That aBurglary/Robbery Alarm Permit application, Form APD-516, shall be obtained from the
Anaheim Police Department and completed.
17. That all exterior doors shall have adequate security hardware (e.g., deadbolt locks).
18. That an Emergency Listing Card, Form APD-281, available at the Police Department front counter,
shall be filed with the Police Department.
19. That a valid business license, including the expanded tenant units, shall be obtained from the
Business License Division of the Anaheim Planning Department.
20. That the property shall be maintained in an orderly fashion through the provision of regular removal
of trash or debris and removal of graffiti within twenty-four (24) hours from time of occurrence.
21. That no vending machines shall be permitted in front of Units G, H and J, which vending machines
are visible to the public rights-of-way.
22. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Revised Exhibit No. 1 and Revised Exhibit No. 2, and as conditioned herein.
23. That prior to commencement of the activity herein approved or prior to issuance of a building permit
for the proposed restaurant expansion, whichever occurs first, the applicant shall either remove one
(1) wall sign or bring the two (2) existing wall signs for Units G, H and J into compliance with the
Chapter 18.44 (Signs) of the Anaheim Municipal Code (only one (1) wall sign is allowed per
business).
24. That prior to commencement of the activity herein approved or within a period of one (1) year from
the date of this Decision, whichever occurs first, Condition Nos. 16, 18, 19 and 22, above-mention
shall be complied with. Extensions for further time to complete these conditions may be granted in
accordance with Section 18.60.170 (Extension of Time to Comply with Conditions of Approval) of the
Anaheim Municipal Code.
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25. 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 13th day of January, 2005.
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Annika M. Santalahti, Zo ing 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 12 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.
f I_ tl
DATE: January 13, 2005 ~ 'C (~S~ ( ~ L~
Danielle C. Masciel, Word Processing Operator
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