Resolution-ZA 2001-28•
DECISION NO. ZA 2001-28
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2001-04428
OWNER: Canyon Plaza Shopping Center LLC
Attn: Harold Hembree
P.O. Box 7250
Newport Beach, CA 92658
AGENT: UBI Business Brokers
Attn: Lee Petsas
2001 E. 4th Street, Ste. 112
Santa Ana, CA 92705
LOCATION: 5747 East Santa Ana Canyon Road
CEQA STATUS: CEQA Categorically Exempt, Class 1
HEARING DATE: July 26, 2001
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence in opposition was received.
REQUEST: Petitioner requests approval of a conditional use permit under authority of Code
Section Nos. 18.12.050.010 and 18.44.050.300 to permit the sale of alcoholic
beverages for on-premises consumption in an existing full-service restaurant which is
proposed to be expanded to include two outdoor dining areas, and for waiver of the
following:
Section Nos. 18.06.050 - Minimum number of parking spaces.
18.06.050.023.0231 - (1,039 required; 864 proposed)
18.06.080
18.12.060110
and 18.44.066.050
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 the waiver is hereby approved on the basis of the negligible parking impact of the two
outdoor patios (which increase the parking requirement for this restaurant by only two spaces) on the
overall parking demand for this commercial center; and that, therefore, the requested waiver will not
increase the demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use nor will the waiver increase the demand and competition for parking spaces
upon the public streets in the immediate vicinity of the proposed use.
2. That the use, which is proposed in connection with an existing restaurant (Maxwell's) located
in an existing commercial retail center, is properly one for which a conditional use permit in the CL(SC)
(Commercial, Limited -Scenic Corridor Overlay) Zone is authorized by the Zoning Code.
3. 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.
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4. 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.
5. That 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.
6. That the traffic generated by this restaurant with outdoor patios and the sale and
consumption of alcoholic beverages will not create any additional significant parking demand nor impose
an undue burden upon the streets and highways designed and improved to carry the traffic in the area.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2001-04428, subject to the following conditions:
That subject restaurant shall continuously adhere to the following conditions, as required by the
Anaheim Police Department:
(a) 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.
(b) That there shall be no pool tables maintained upon the premises at any time.
(c) That subject alcoholic beverage 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 California Business and Professions Code.
(d) That the sale of alcoholic beverages 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, for
inspection by any City of Anaheim official during reasonable business hours.
(e) That there shall be no live entertainment, amplified music or dancing permitted on the premises
at any time without the issuance of proper permits as required by the Anaheim Municipal Code.
(f) That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
(g) That there shall be no exterior advertising of any kind or type, including advertising directed to
the exterior from inside, promoting or indicating the availability of alcohol beverages.
(h) That the activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
(i) That sale, service and consumption of alcoholic beverages shall be permitted only between the
hours of 11:00 a.m. and 2:00 a.m., seven (7) days a week.
(j) 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.
(k) 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 and egress, to permit deliveries, and in cases of emergency.
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(I) That the portion of this conditional use permit pertaining to the sale of alcoholic beverages shall
expire one (1) year from the date of this decision unless a valid license has been issued by the
California Department of Alcoholic Beverage Control ("ABC").
That any roof-mounted equipment shall be comply with Anaheim Municipal Code Section
18.84.062.032 pertaining to the "SC" Scenic Corridor Zone Overlay. Such information shall be
specifically shown on the plans submitted to the City of Anaheim for building permits.
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 and 2, and as conditioned herein.
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. 1(I) and 3,
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. Further, if an
extension of time is requested for the alcohol sales portion of this request, it shall be considered at a
noticed public hearing.
5. 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 31th day of July 2001.
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 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: 1 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.
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DATE: July 31, 2001
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Patricia Koral, Sr. Word Processing Operator
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CITY OF ANAHEIM, CALIFORNIA
Planning Department
August 14, 2001
Gregory Wright
101 South Chaparral Court
Anaheim, CA 92808
Santiago Canyon College
Continuing Education, Orange Center
541 North Lemon Street
Orange, CA 92867-6689
Attention: Amy Sullivan, Student Services Coordinator
Re: Special Circumstances Waiver No. 2001-15 -Approved
On August 9, 2001 Annika M. Santalahti, Zoning Administrator, considered and approved your request for
Special Circumstances Waiver No. 2001-15 to permit two temporary banners mounted on a masonry
block retaining wall at 101 South Chaparral Court (Light at The Canyon Church) for the remainder of the
calendar year until December 31, 2001. She made the following findings:
1. That Gregory Wright, representing the Light at The Canyon Church, requested this
special circumstances waiver to permit two banners (one existing banner and one proposed banner)
through December 31, 2001; that the banners will be mounted on a 20-foot high retaining wall on the
southeast corner of Kaiser Boulevard and Roosevelt Road facing the intersection; that a building is
currently under construction on the property which is zoned CO(SC) (Commercial Office and Professional
- Scenic Corridor Overlay); and that the Anaheim General Plan Land Use Element designates the
property for General Commercial land uses.
2. That the Light at The Canyon Church is entitled under Conditional Use Permit No. 4170 for
a church with accessory training center classrooms; and that the existing banner advertises the church and
the proposed banner will advertise Santiago Canyon College continuing education classes which will take
place at the church.
3. That subsections 18.02.055.060.0607 and 18.02.055.060.0608 of the Zoning Code permit
a maximum of four 9-day special event permits (36 days annually) to be issued during a calendar year; and
that the proposal is for up to five months or until construction is completed and the permanent signage is
installed.
4. That the Zoning Administrator is authorized to consider special circumstances waivers to
modify the requirements for temporary banners under subsections 18.02.055.080.0802 and 18.12.085 of
the Zoning Code.
5. That this request is approved on the basis that both the church and the continuing
education program will serve the public interest, safety and general welfare; and that, until on-site
construction is completed and permanent signage installed, it is difficult to advise the public of programs
that will be taking place at this location.
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92803 • (714) 765-5139 www.anaheim.net
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IFE ABUSE
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6. That there are extraordinary circumstances affecting this property because the site is
elevated about 20 feet above the street grade and placing banners on the retaining wall provides a
temporary solution to identifying the on-site uses that will be taking place.
Under authority of Sections 18.02.055.080 and 18.12.085 and based on the above findings, the Zoning
Administrator approved Special Circumstances Waiver No. 2001-15 for the herein described special
events, subject to compliance with the following conditions:
That two (2) banners (one existing and the second as proposed) are approved through December
31, 2001, or until installation of the permanent signage for 101 South Chaparral Court is completed,
whichever occurs first.
That the size and location of two banners shall be substantially as shown on Exhibit Nos. 1 (site
plan), 2 (photograph of existing banner #1) and 3 (drawing of proposed banner #2) on file with the
Planning Department.
(a) That the appropriate special event permit(s) shall be obtained from the Planning Department.
(b) That in connection with submittal of the first special events permit application, the petitioner
shall also submit a photograph or drawing illustrating the placement of the existing banner and
the proposed banner (to show that placement of the new banner will be compatible with the
existing banner); and that a copy of said photograph or drawing, as approved by staff, shall be
retained in the Special Circumstances Waiver No. 2001-15 file.
4. That each banner shall be maintained in good condition, and shall be replaced in the event that it
deteriorates or is damaged.
5. That approval of this application constitutes approval of the proposal 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 shall become final unless an appeal to the City Council, in writing, accompanied by an
appeal fee, is filed with the City Clerk within ten (10) days from the date of this letter or unless members
of the City Council request review of this decision within said 10 days.
If you have any questions, please contact Charity Wagner, Assistant Planner, Zoning Division, at
714-765-5139 extension 5415.
Sincerely,
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Patricia Koral
Senior Word Processing Operator
SCW2001-00015.doc
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