Resolution-ZA 2001-31•
DECISION NO. ZA 2001-31
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2001-04406, IN PART
OWNER: Canyon Plaza Shopping Center, L.L.C.
Attn: Harold Hembree
P.O. Box 7250
Newport Beach, CA 92658
AGENT: Tavinder Sawhmey
705 East Birch Street, "P"
Brea, CA 92821
LOCATION: 5701 East Santa Ana Canyon Road, Unit P
HEARING DATE: August 23, 2001, continued from August 9, 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
Sections 18.12.050.010, 18.44.050.300 and 18.84.061 to permit the sale of beer and
wine for on-premises consumption in conjunction with a full service restaurant in the
CL(SC) (Commercial, Limited -Scenic Corridor Overlay) Zone, with waivers of the
following:
(a) Sections 18. 05.091.020 - Maximum number of wall signs in the Scenic Corridor Zone
18.12.060.120 Overlay.
and 18.84.062.040 (1 wall sign for each business unit permitted;
3 wall signs proposed for one restaurant)
(b) Sections 18.06.050.023.0231 - Minimum number of parking spaces.
18.06.080 (1,040 required; 865 proposed)
18.12.060.110
and 18.84.062
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 waiver (a), maximum number of wall signs in the Scenic Corridor Overlay Zone, is
hereby granted, in part, approving two wall signs consisting of one sign on the north elevation (as
illustrated on Exhibit No. 5) and a second sign above the windows of the proposed restaurant on the west
elevation (as illustrated on Exhibit No. 3), and denying the proposed wall sign on the east elevation
(illustrated on Exhibit No. 4) on the basis that there are special circumstances applicable to the property
consisting of the location and surroundings, which do not apply to other identically zoned properties in the
vicinity, because the two approved wall signs will be visible only to on-site traffic approaching the
proposed restaurant from the east or west and that only one of the wall signs (the west facing sign) may
be visible to off-site traffic on Imperial Highway, and that both approved wall sign locations are close to
doorways to the subject restaurant; and that strict application of the Zoning Code would deprive the
property of privileges enjoyed by several other properties in this commercial center, which businesses
have two wall signs.
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2. That waiver (b), minimum number of parking spaces, is hereby approved based on the
parking analysis submitted by the petitioner and concurred with by the City Traffic and Transportation
Manager, which study indicates that the parking supply for this commercial center including the proposed
restaurant exceeds the needs of the property; and that the parking waiver, under the conditions imposed,
will not cause fewer off-street parking spaces to be provided for the existing and proposed uses than the
number of such spaces necessary to accommodate all vehicles attributable to such uses under the
normal and reasonably foreseeable conditions of operation of the uses.
3. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
4. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of the Zoning Code).
5. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the existing and proposed uses.
6. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed
use.
7. That the sale of beer and wine for on-premises consumption in conjunction with a bona
fide eating establishment will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
8. That the size and shape of the site is adequate to allow full development of the proposed
restaurant, including the sale and consumption of beer and wine in connection with meal service, in a
manner not detrimental to the particular area nor to the peace, health, safety and general welfare.
9. That the traffic generated by the proposed restaurant with the sale and consumption of
beer and wine will not impose an undue burden upon the streets and highways designed and improved to
carry the traffic in the area.
10. 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to permit the sale of beer and wine for on-premises consumption in conjunction
with a full service restaurant with waivers of maximum number of wall signs in the Scenic Corridor Zone
Overlay and minimum number of parking spaces on airregularly-shaped 15-acre property located at the
northeast corner of Santa Ana Canyon Road and Imperial Highway, with frontages of 1,095 feet on the
north side of Santa Ana Canyon Road and 570 feet on the east side of Imperial Highway, and further
described 5701 East Santa Ana Canyon Road, Unit P (proposed "Shehnai Cuisine of India" restaurant);
and that the Planning Director or his authorized representative has determined that the proposed project
is Categorically Exempt, under Class 1 of the State of California Environmental Quality Act Guidelines.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2001-04406, in part, subject to the following conditions:
1. That subject restaurant shall continuously adhere to the following conditions, as required by the
Anaheim Police Department:
a. That the establishment shall be operated as a "bona fide public eating place" as defined by
Section 23038 of the California Business and Professions Code.
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b. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closing time, whichever occurs first, on each day of operation.
c. That there shall be no pool tables maintained upon the premises at any time.
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 inspection
by any City of Anaheim official during reasonable business hours.
e. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
f. 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.
g. That the activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
h. 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.
i. 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.
j. 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, to permit deliveries and in cases of emergency.
k. That there shall be no coin-operated public telephones on the premises located outside the
building and within control of the applicant.
2. That at all times when entertainment or dancing is permitted, adequate security measures shall be
provided 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 of the
neighborhood by excessive noise created by patrons entering and leaving the premises.
3. That the hours of operation shall be from 11:30 a.m. to 10:00 p.m., seven days a week,.
4. That any roof-mounted equipment shall be subject to Anaheim Municipal Code Section
18.84.062.032 pertaining to the "SC" Scenic Corridor Overlay Zone. Such information shall be
specifically shown on the plans submitted for building permits.
5. 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, 3 and 5 (Exhibit No. 4 is denied); provided, however, that a
maximum of two (2) wall signs are approved to be located on the north and west elevations, and the
approved wall sign on the west elevation shall be located substantially as specified on Exhibit No. 3
(i.e., located on the lower portion of the wall panel above the west-facing restaurant windows, similar
to the existing sign advertising the adjacent business to the south).
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6. 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 No. 4, 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.
7. 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 30th day of August, 2001.
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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 15 davs 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.
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DATE: Au ust 30, 2001 ~ v f~ '~
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Patricia Koral, Sr. Word rocessing Operator
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