Resolution-ZA 2005-25•
DECISION NO. ZA 2005-25
A DECISION OF THE ZONING ADMINISTRATOR
DENYING CONDITIONAL USE PERMIT NO. 2005-05032
OWNER: Jose F. Brito
1974 North Sacramento Street
Orange, CA 92687
LOCATION: 2159 West Lincoln Avenue -Property consisting of 0.39-acre located on the northwest
corner of Lincoln Avenue and Lindsay Road (Brito's Taqueria and Restaurant).
REQUEST: To permit the sale of beer and wine for on-premises consumption in an existing
restaurant with outdoor dining in the C-G(BCC) (General Commercial-Brookhurst
Commercial Corridor Overlay) Zone under authority of Section 18.08.040 and paragraph
18.66.040.020.0204 of Section 18.66 (Conditional Use Permits) of the Anaheim
Municipal Code.
CEQA STATUS: Categorically Exempt, Class 1
HEARING DATE: October 27, 2005
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence was received in opposition.
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
petition pursuant to Anaheim Municipal Code Section 18.66.040 (Approval Authority), and a public
hearing having been duly noticed for and held on the date set forth above, I do hereby find:
1. That the subject property is located on the west side of Lindsay Street between Lincoln Avenue
on the south and Lindsay Road on the north; that the property is developed with two buildings (Brito's
Taqueria and Restaurant at 2159 West Lincoln Avenue in the southerly building located at the northwest
corner of Lincoln Avenue and Lindsay Street, and in the northerly building at the southwest corner of
Lindsay Road and Lindsay Avenue: Beauty Salon & Nails, an Auto Registration business, and Sanchez
Recycling Center with outdoor business activities at two large outdoor recycling bins); that the zoning is
"C-G(BBC)" General Commercial-Brookhurst Commercial Corridor Overlay; and that the Anaheim
General Plan designates the property for General Commercial land uses.
2. That the adjoining property to the west is developed with a commercial center with four
businesses (Furniture World; Las Alazanas Beer, Wine and Pool; Party Supplies; and Lincoln Mowers) in
the C-G(BCC) zone; that the properties to the south across Lincoln Avenue and to the east across
Lindsay Street are developed with various commercial businesses in the C-G(BCC) zone; and that the
General Plan designates all these properties for General Commercial land uses.
3. That the properties to the north across Lindsay Road are developed with single-family homes in
the RS-2 (Single-Family Residential) zone, and that the General Plan land use designation is Low Density
Residential.
4. That the subject restaurant (Brito's Taqueria and Restaurant) includes a 255 sq,ft. inside dining
area and a 320 sq.ft. roofed outdoor dining area with awalk-up window, which faces Lincoln Avenue.
5. That the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code for a fully enclosed restaurant.
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6. That approval of this proposal would adversely affect the adjoining land uses, and the growth
and development of the area in which it is proposed to be located.
7. That the existing development of the 0.39-acre subject property is non-conforming in terms of
parking space dimensions and access, required landscaped setbacks along public streets, and required
screening between commercial and residential uses; and that subject property, as a result of the
proposed intensification of land use (by the addition of on-sale beer and wine to a restaurant which has a
outdoor seating and awalk-up window) is not adequate to allow full development of the proposal in a
manner that is not detrimental to either the particular area nor to health and safety because the proposal
does not comply with the following Zoning Code standards:
• Minimum parking space dimensions and access -The parking spaces shown on the submitted Plot
Plan do not comply with Zoning Code requirements (Section 18.42.060) and Engineering Standard
Detail No. 470 "Minimum Off-Street Parking Dimensions" which specify that the minimum parking
space dimensions shall be 8.5 feet wide by 18 feet long with drive aisles which, depending on the
angle of the parking spaces, range from 12 feet wide for 30-degree angled parking spaces to 24 feet
wide for 90-degree angled parking spaces.
• Minimum landscaped setbacks adjacent to public streets - No landscaping exists along Lincoln
Avenue (15 feet required by subsection 18.04.060.010), Lindsay Street on the east and Lindsay Road
on the north (10 feet required).
• Required screening between commercial uses and single-family residential zoning - No screening
exists along Lindsay Road on the north (a minimum 3-foot high earthen berm or masonry wall is
required by subsection 18.04.060.010 in connection with the required 10-foot landscaped setback to
screen the commercial parking from the neighboring single-family residential zoning to the north
across the street).
8. That the traffic generated by the proposed intensification of the existing use would impose an
undue burden upon the streets and highways designed and improved to carry traffic in the area because
there is driveway to Lindsay Road on the north, which separates the existing commercial uses from
single-family residences, and two driveways to Lindsay Street on the east, each of which can be used by
customers of the restaurant.
9. That granting this conditional use permit would be detrimental to the health and safety of the
citizens of the City of Anaheim because alcoholic beverages could be purchased at the walk-up window
located outside the building in the outdoor seating area, that customers could obtain beer and wine in the
outdoor seating area, and that restaurant staff, consisting of two (2) persons per 8-hour shift, would be
unable to control the use of alcohol outside the enclosed business area.
10. That information submitted by the Anaheim Police Department indicates that:
• Subject property is located in Reporting District No. 1620 which has a high Crime Rate (202% above
the Anaheim city average); and
• There are a number of off-sale alcoholic beverage licenses in the immediate vicinity of the applicant's
property at 530 North Brookhurst Street, 318 North Brookhurst Street, 2159 West Lincoln Avenue,
2034 West Lincoln Avenue, 1841 West Lincoln Avenue and 1779 West Lincoln Avenue; and
• There are anumber of on-sale alcoholic beverage licenses in the vicinity of the applicant's property at
2171 West Lincoln Avenue, 2162 West Lincoln Avenue, 1841 West Lincoln Avenue #B, and 1778
West Lincoln Avenue; and
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• The Police Department has responded to this location 23 times during the last year, and the calls
include 1 robbery, a man with a gun, two (2) fights and three (3) disturbance calls, among others;
and
• Reporting District No. 1520 to the north of this location has a crime rate of 63% above the city
average, Reporting District No. 1621 to the east has a crime rate of 96% above average, District No.
1720 to the south has a crime rate of 20% above average, and Reporting District No. 1619 to the
west has a crime rate of 102% above average; and
• The Police Department opposes this request due to the extremely high crime rate in the area and
concerns that the proposed alcohol sales would increase problems at this location and/or create new
problems.
Based on the evidence and testimony presented to me, I do hereby determine to deny Conditional Use
Permit No. 2005-05032.
This decision is made, signed, and entered into the file this 3`d day of November 2005.
-,
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Annika M. Santalahti, Zoning 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 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 twelve (12)
days of the date of signing.
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: November 3, 2005
Pat Ch ndler, enior Secretary
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