Resolution-PC 2002-144•
RESOLUTION NO. PC2002-144
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3935,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC97-92, AS AMENDED, ADOPTED THEREWITH
WHEREAS, on June 21, 1997, the Anaheim City Planning Commission did, by its Resolution
No. PC97-92, grant Conditional Use Permit No. 3935 to permit a 2,875 sq.ft. restaurant and 5,760 sq.ft.
banquet facility with on-premises sale and consumption of alcoholic beverages at 1125 North Magnolia
Avenue and waiver of minimum number of parking spaces (132 spaces required, 104 spaces proposed);
and that Condition No. 23 of said resolution specified that the use permit would expire in one year on July 21,
1998; and
WHEREAS, on August 31, 1998, the Planning Commission did, by its Resolution No. PC98-
137, reinstate Conditional Use Permit No. 3935 including the parking waiver and amend Condition No. 23 to
specify that the use permit would expire in one year on July 21, 1999; and
WHEREAS, on August 2, 1999, the Planning Commission did, by its Resolution No. PC99-
146, reinstate Conditional Use Permit No. 3935 and amend Condition No. 23 to specify that the use permit
would expire on July 21, 2000; and
WHEREAS, on September 25, 2000, the Planning Commission did, by its Resolution No.
PC2000-112, reinstate Conditional Use Permit No. 3935 and amend the conditions of approval in their
entirety including Condition No. 1 which specifies that the use permit would one year after the Building
Division issues the Certificate of Occupancy;_ and _ _.
WHEREAS, on June 29, 2001; the Building Division issued the Certificate of Occupancy and,
therefore, this use permit expired on June 29, 2002; and
WHEREAS, this property is developed with a 28,640 square foot commercial office building,
including Shehnai Cuisine of India Restaurant and Banquet Hall, and a 1,886 sq.ft. auxiliary storage building;
that the zoning is CL (Commercial, Limited); that the Anaheim General Plan designates the property for
General Commercial land uses; and that the property is located within the West Anaheim Commercial
Corridors Redevelopment Project Area; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain
the 2,875 sq.ft. restaurant and 5,760 sq.ft. banquet facility with on-premises sale and consumption of
alcoholic beverages at 1125 North Magnolia Avenue with waiver of minimum number of parking spaces
pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 23, 2002, at 1:30 p.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 18.03, to
hear and consider evidence for and against said proposed amendment and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Commission, 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 use, as proposed to be retained, is properly one for which a conditional use permit
is authorized by the Zoning Code.
2. That the proposal, under the conditions imposed, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located.
Tracking No. CUP2002-04599
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3. That the size and shape of the site for the proposal, under the conditions imposed, is
adequate to allow full development of the use 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 proposal, under the conditions imposed, 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 reinstatement, under the conditions imposed, will not be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim; that there are no
outstanding Code violations or complaints regarding this use and the conditions of approval are being
complied with; and that the Police Department is not opposed to reinstating the use because of the low
number of calls for service.
6. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission.
7. That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reinstate this conditional use permit and to modify or delete the
condition of approval pertaining to a time limitation to retain a previously-approved restaurant and banquet
facility with on-premises sale and consumption of alcoholic beverages and with waiver of minimum number
of parking spaces on property consisting of 1.5-acre having a frontage of 280 feet on the west side of
Magnolia Avenue and a maximum depth of 250 feet, being located 280 feet north of the centerline of La
Palma Avenue, and further described as 1125 North Magnolia Avenue (Shehnai Cuisine of India Restaurant
and Banquet Hall); and does hereby find that the Negative Declaration previousl_y approved in connection.
with Conditional Use Permit No. 3935 is adequate to serve as the required environmental documentation in
connection with this request upon finding that the declaration reflects the independent judgment of the lead
agency and that it has considered the previously approved 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC2000-112, adopted in connection with Conditional Use Permit No. 3935, to
reinstate and approve this conditional use permit; and
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend the
conditions of approval in their entirety to read as follows:
That this conditional use permit shall expire on December 29, 2005.
2. That trash storage area(s) shall be 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. Clinging vines planted on maximum three (3) foot
centers or tall shrubbery shall be maintained adjacent to the trash enclosure(s).
3. 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.
4. That there shall not be any off-street or walk-in sale of alcoholic beverages; and that the service of
alcoholic beverages shall at banquets in the banquet facility only, and not in the restaurant.
5. 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
California Business and Professions Code.
6. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
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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 alcohol beverages, with the
exception of one (1) sign indicating "cocktails."
8. That the activities taking place in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
9. That there shall be no pool tables or coin-operated games maintained upon the premises at any time.
10. That the parking lot serving the premises shall be maintained 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 businesses.
11. That, as stated by the petitioner:
(a) The hours of operation for the restaurant shall be limited to 11 a.m. to 11 p.m., seven (7) days per
week; and
(b) The hours of operation for the banquet facility shall be limited to 6 a.m. to 11 p.m. (weekdays) and
11 a.m. to 11 p.m. (weekends). .
12. That , as specified by the City Traffic and Transportation Manager:
(a) A maximum capacity of sixty (60) persons shall be allowed for the banquet facility during the hours
of 8 a.m. to 5_p.m.; and __ _ _ _
(b) A maximum capacity of two hundred thirty (230) persons shall be allowed for the banquet facility
during evening hours after 5 p.m.
13. That at all times when entertainment or dancing is permitted, security 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.
14. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and
shall be kept closed and unlocked at all times during hours of operation except for ingress/egress,
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 granting of the parking waiver is contingent upon operation of the approved use in conformance
with the assumptions relating to the operation and intensity of use as contained in the parking demand
study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise
deviating from any of said assumptions, as contained in the parking demand study, shall be deemed a
violation of the expressed conditions imposed upon said waiver which shall subject this conditional use
permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of
the Anaheim Municipal Code.
17. That a valid City of Anaheim business license shall be obtained from the Business License Division of
the Finance Department.
18. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner
and approved by the Planning Commission. Any additional signs shall be subject to approval by the
Commission as a"Reports and Recommendations" item and shall comply with all signing requirements
of the CL (Commercial, Limited) Zone unless a variance allowing sign waivers is approved by the
Planning Commission or City Council.
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19. That three (3) foot high street address numbers shall be maintained on the roof of the building in a
contrasting color to the roofing material, and such numbers shall not to be visible to the ground level.
20. That window signs shall not be permitted.
21. That the applicant shall be responsible for maintaining the premises free of litter at all times.
22. That no banners, pennants or balloons shall be permitted unless a Special Event Permit is first obtained.
Roof-mounted balloons shall not be permitted at any time.
23. That no vending machines shall be visible to any public right-of-way.
24. That any tree planted on-site shalf be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
25. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of
occurrence.
26. 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.a, 2.b, 3 and 4; and as conditioned herein.
27. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 23, 2002.
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C RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
i- :l ,~il./yev,~~oi.c.~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 23, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of QG ~o b-e~,
2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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