Resolution-ZA 2003-34•
DECISION NO. ZA 2003-34
•
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2003-04750
OWNER: Canyon Plaza LLC
503 32"d Street, Suite 200
Newport Beach, CA 92663
AGENT: Nancy Patterson
1049 Camino Del Mar, Suite 11
Del Mar, CA 92014
LOCATION: 5747 East Santa Ana Canyon Road
CEQA STATUS: Categorically Exempt, Class 1
HEARING DATE: September 4, 2003
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 a conditional use permit under authority of Code Sections 18.12.050.010,
18.12.050.015, 18.12.050.060, 18.44.050.010, 18.44.050.300 and 18.84.062.030.032
to construct afull-service restaurant with on-premises sales and consumption of
alcoholic beverages, including outdoor dining and roof-mounted equipment with the
following waivers:
(a) Sections 18.05.091.020
18.12.060.120
and 18.84.062.040
(b) Sections 18.12.060.050
and 18.84.062.010.011
Maximum number of wall signs.
(1 sign permitted; 3 signs proposed)
Minimum front setback adiacent to a scenic expresswa
(100 feet required along scenic expressways;
67 feet proposed along Santa Ana Canyon Road)
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 proposed uses are properly ones for which a conditional use permit is authorized
by the Zoning Code.
2. That waiver (a), maximum number of wall signs, is hereby approved on the basis that the
three proposed signs are oriented in different directions; that the northeasterly sign faces the parking lot
and will not be visible to Santa Ana Canyon Road; that the two southeasterly signs face Santa Ana
Canyon Road but are different sizes with the smaller sign being designed to direct customers to the main
entrance; and that strict application of the Zoning Code would deprive the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity because other businesses in this
commercial center have more than one sign where such signs face in different directions.
3. That waiver (b), minimum front setback adjacent to a scenic expressway, is hereby
approved on the basis that the previous restaurant building on this site was constructed with the same
structural setback and there will be no changes to the existing landscaping planter adjacent to Santa Ana
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Canyon Road other than enhancing the landscaping; that at the time this commercial was constructed,
Santa Ana Canyon Road was not designated as a scenic expressway and the property was not subject to
the current setback requirement; and that strict application of the Zoning Code would deprive the
property of privileges enjoyed by other properties under identical zoning classification in the vicinity.
4. That the proposed uses will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
5. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
6. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
7. 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.
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2003-04750, subject to the following conditions:
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.
That there shall be no amusement machines, video game devices or pool tables maintained upon
the premises at any time unless the proper permits have first been obtained from the City as
required by the Anaheim Municipal Code.
That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time unless the proper permits have first been obtained from the City as required by the
Anaheim Municipal Code.
That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
5. That the activities taking place in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
6. 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.
7. 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.
8. That the hours of operation shall be limited to the following, as stipulated to by the petitioner:
Sunday through Friday: 11:00 a.m. until midnight
Saturday: 11:00 a.m. until 1:00 a.m.
9. That the roof and ground-mounted equipment shall be properly shielded from view from adjacent
streets and properties. Said information shall be specifically shown on the plans submitted for
building permits.
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10. That all plumbing downspouts, ladder and/or other similar pipes and fixtures located on the exterior
of the building shall not be visible to the public right-of-way. Said information shall be specifically
shown on the plans submitted for building permits.
11. That there shall be no public telephones on the premises which are located outside the building.
12. That window signage shall be prohibited.
13. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement across the property to be determined as electrical design is completed, as required by the
Electrical Utility Division of the Public Works Department.
14. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on the plans submitted for building permits.
15. That the water backflow equipment and any other large water system equipment shall be installed
behind the street setback area in a manner fully screened from all public streets, to the satisfaction
of the Water Utility Division of the Public Works Department.
16. That if this project has landscaping area exceeding two thousand five hundred (2,500) square feet, a
separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water
Efficiency) of Anaheim Municipal Code and Ordinance No. 5349.
17. The legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division, for the parcel on
which the restaurant is located. A Certificate of Compliance or Conditional Certificate of Compliance
shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder
prior to issuance of a building permit.
18. The property owner will be required to implement appropriate non-structural and structural Best
Management Practices ("BMPs") as specified in the Orange County Drainage Area Management
Plan ("DAMP"), Appendix G. The selected BMPs shall be implemented and maintained to minimize
the introduction of pollutants entering the City of Anaheim storm water drainage system.
19. That the storm drains and sanitary sewers for this development shall be privately maintained.
20. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
21. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
22. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and
602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
23. That trash storage area(s) shall be provided and 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. Said information shall be specifically shown
on the plans submitted for building permits.
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24. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval.
25. That the owner of subject property shall submit a letter to the Planning Department requesting
termination of Conditional Use Permit No. 2001-04428 (to permit the expansion of an existing full-
service restaurant, including outdoor dining areas and the continued sales of alcoholic beverages for
on-premises consumption in conjunction with an existing commercial retail center) and Variance No.
4209 (waiver of prohibited roof-mounted equipment to retain aroof-mounted satellite dish antenna)
to the Zoning Division.
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 through 9, and as conditioned herein.
27. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 9, 10, 13, 14, 17, 22, 23, 24 and 25, above
mentioned, shall be complied with. Extensions of further time to complete said conditions may be
granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
28. That prior to final building and zoning inspections, Condition Nos. 6, 15, 16, 18 and 26,
above-mentioned, shall be complied with.
29. 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 11`h day of September, 2003.
r _
Annika M. Santalahti, Zo ing A ministrator
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: 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: September 11, 2003 J,/Gt (/l-~~~ ~.~ / `\ Cc 6 (.1 ~-Y
Danielle Masciel, Word Processing Operator _{
7
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CITY OF ANAHEIM, CALIFORNIA
Planning Department
September 25, 2003
Tom Waters
1328 East Road
La Habra Heights, CA 90631
2a. CEQA NEGATIVE DECLARATION
2b. TENTATIVE PARCEL MAP NO. 2001-133 -Request for a retroactive extension of time to comply
with conditions of approval.
LOCATION: 7680 Danielle Circle: 1.76 acres located at the northeast terminus of Danielle
Circle, having a frontage of 306 feet on the east side of Danielle Circle and being located 110 feet
north of the centerline of Owens Drive.
At the meeting of September 18, 2003, Annika M. Santalahti, Zoning Administrator, considered your
request for a time extension for Tentative Parcel Map No. 2001-133 to establish a 2-lot single-family
residential subdivision at 7680 Danielle Circle.
ACTION: Ms. Santalahti determined that the CEQA Negative Declaration previously approved in
connection with approval of Tentative Parcel Map No. 2001-133 is adequate to serve as the required
environmental documentation for this request.
Ms. Santalahti granted the time extension (retroactive to July 26, 2003) to expire on July 26, 2004.
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.
Sincerely,
~~~~Q, Inj~ /q
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Danielle C. Masciel
Word Processor
Cc: City Clerk
Michael Kowalski, 122 North Harbor Boulevard, Suite 204, Fullerton, CA 92833
Tracking No. SU82003-00007
Tpm2001-133.doc
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 www.anaheim.net
DRUG USE
IS
IFE ABUSE