Resolution-ZA 2004-02• •
DECISION NO. ZA 2004-2
A DECISION OF THE ZONING ADMINISTRATOR
AMENDING CONDITIONAL USE PERMIT NO. 2001-04406
OWNER: Canyon Plaza Shopping Center
P.O. Box 7250
Newport Beach, CA 92660
AGENT: Tavinder Sawhmey
705 East Birch Street, Suite P
Brea, CA 92821
LOCATION: 5701 East Santa Ana Canyon Road
HEARING DATE: January 8, 2004
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal, and
no correspondence in opposition was received.
REQUEST: Amendment to Conditional Use Permit No. 2001-04406 to permit the sale of alcoholic
beverages for on-premises consumption in an existing full service restaurant in a
commercial retail center in the CL(SC) (Commercial, Limited -Scenic Corridor Overlay).
Zone, under authority of Code Sections 18.03.091 (Termination or Modification of
Amendments, Conditional Use Permits or Variances -Procedures), 18.03.092
(Termination or Modification of Conditional Use Permits or Variances -Grounds),
18.12.050.010 (Conditional Use Permits), 18.44.050.010 (Conditional Uses and
Structures in the CL Zone) and 18.84.06.1 (Permitted Buildings and Uses in the (SC)
Overlay Zone).
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
petition pursuant to Anaheim Municipal Code Chapter 18.12 (Zoning Administrator), and a public hearing
having been duly noticed for and held on the date set forth above, and after due consideration of all
evidence and reports offered at said hearing, I do hereby find and determine, pursuant to°subsection
18.03.030.030 (Required Showings for Conditional Use Permits) of the Anaheim Municipal Code:
1. That on August 30, 2001; the Zoning Administrator did, by Decision No. ZA2001-31,
approve Conditional Use Permit No. 2001-04406, in part, to permit the sale of beer and wine for on-
premises consumption in conjunction with afull-service restaurant at 5701 East Santa Ana Canyon Road
with waivers of the maximum number of walls signs permitted in the Scenic Corridor (approved in part)
and minimum number of parking spaces.
2. That approval of the proposed amendment to the existing use (a full service restaurant with
on-premises consumption of beer and wine) will allow the petitioner to obtain an Alcoholic Beverage
Control license to permit on-premises consumption of alcoholic beverages at the restaurant; and that
said amended use is properly one for which a conditional use permit is authorized by the Zoning Code.
3. That the use, as proposed to be amended, .will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located.
4. That the size and shape of the site for the use, as proposed to be amended, 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.
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5. That the traffic generated by the use, as proposed to be amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
6. That amending this Conditional Use Permit, under the conditions imposed, will not be
detrimenta! to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That the use permit as originally granted has not been, nor has it recently been, exercised
contrary to the terms or conditions of the original approval or in violation of any statute, ordinance, law or
regulation.
8. That. the use for which approval was originally granted has not been exercised so as to be
detrimental to the public health or safety, or so as to constitute a nuisance.
9. That the proposed amendment, including amending the conditions of approval, is
reasonably necessary to protect the public peace, health, safety or general welfare, and necessary to
permit reasonable operation of the business under the conditional use permit as originally granted.
10.. That the use for which approval was originally granted has been exercised, and there is no
additional information or changed circumstance that would contradict the required showings for amending
this conditional use. permit.
11. That no one indicated their presence at the public hearing in opposition to the proposal,
and no correspondence in opposition was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to amend this conditional use permit to permit the sale of alcoholic beverages for
on-premises consumption in an existing full service restaurant in a commercial retail center in the CL(SC)
(Commercial, Limited -Scenic Corridor Overlay) Zone on an irregularly-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, ahd further
described as 5701 East Santa Ana Canyon Road (Unit P - Shehnai Cuisine of India); and that the
Planning Director's authorized representative has determined that the proposed project is Categorically
Exempt, Class 1, under Section 15061(b)(3) of the State of California' Environmental Quality Act
Guidelines..
Based on the evidence and testimony presented to me, I do hereby determine to amend Decision No.
ZA2001-31, adopted in connection with Conditional Use Permit No. 2001-04406, to permit the sale of
alcoholic beverages for on-premises consumption in an existing full service restaurant; and that the
previously approved waivers of maximum number of walls signs permitted in the Scenic Corridor Overlay
Zone and minimum number of parking spaces shall remain in full force and effect as set forth in Decision
No. ZA2001-31; and that the previously approved conditions of approval are hereby amended, in their
entirety, to read as follows:
1. That the landscape planters shall be permanently maintained with live and healthy plants..
2. That no admission fee, cover charge, advance prepayment for meals, or similar fee shall be imposed
upon patrons as a condition of entry to the premises.
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 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.
5. That there shall be no pool tables maintained upon the premises at any time.
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6. 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.
7. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
8. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from inside the building, promoting or indicating the availability of alcohol beverages.
9. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
10. 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.
11. That the business operator shall comply with Section 24200.5 of the California 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.
12. 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.
13. That there shall be no coin-operated public telephones on the premises which are located outside the
building and within the control of the applicant.
14. 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.
15. That the hours of operation shat! be limited from 11:30 a.m. to 10:00 p.m., seven days a week, as
stipulated by the petitioner.
16. That any roof-mounted equipment shall be subject to subsection 18.84.062.030.032 of Section
18.84.062 of the Anaheim Municipal Code, pertaining to building and structural height limitations for
roof-mounted equipment in the "SC" Scenic Corridor Zone Overlay. Such information shall be
specifically shown on the plans submitted for building permits.
17. 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 was 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); and as conditioned herein.
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18. That within one (1) year from the date of this Decision or prior to issuance of a building permit,
whichever occurs first, Condition No. 17, above-mentioned, shall be complied with. Extensions for
further time to complete said condition may be granted in accordance with Section 18.03.090 (Time
Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and
Administrative Adjustments) of the Anaheim Municipal Code.
19. 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 14th day of January 2004.
Annika M. Santala ', Zoning Administr for
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: January 14, 2004
ielle C. M el, ord Processing Operator
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Cit of An~eim
Y
PLANNING DEPARTMENT
www.anaheim.net
January 29, 2004
Tracy Mc Lamb
Wilmington Trust Company
Rodney Square North
110 North Market Street
Wilmington, .Delaware, 19890
Re: SPECIAL CIRCUMSTANCE WAIVER NO. 2003-00024 -Approved
On January 22, 2004, Annika M. Santalahti, Zoning Administrator, considered your request
for waiver of special event permit requirements to permit the accessory outdoor display of retail
merchandise in conjunction with a home improvement store (proposed Home Depot) for a six
(6) month period of time during calendar year 2004. The property is located at 1095 North
Pullman Street in the CL(SC) (Commercial, Limited-Scenic Corridor Overlay) Zone. She made
the following findings:
1. That a letter requesting this special circumstances waiver and describing the
proposal was submitted by Noe Pena, Little Diversified Architectural Consulting, representing
Home Depot.
2. That approval of special circumstances waivers (allowing modification and/or
waiver of regulations. pertaining to special events) is authorized under subsection
18.02.055.080 "Zoning Administrator Review (of Special Events Permits)" and Section
18.12.085 "Special Event Permit -Review" of the Anaheim Municipal Code.
3. That the property is developed with a 139,462 sq.ft. vacant retail building
(former Super K-Mart); and that reuse and expansion of the vacant building for a future
204,370 square foot-home improvement store (Home Depot), including a new64,554 square
foot garden center, is underway.
4. That this specific request is for waiver of subsections 18.02.055.060.0607 and
18.02.055.060.0608 which allow four special event permits during a calendar year with each
permit. not to exceed nine days for a total of 36 days; and that the- proposal is for six months.
5. That the. proposed outdoor display fora 6-month period will have negligible
impact on the parking lot and circulation, as well as the streets and highways in the area
which are equipped to handle large traffic flows; and that the display wil! be accessory to the
primary retai- sales operation of a large home improvement store and will not be visible to the
SR-91/Riverside Freeway.
6. That the proposed outdoor display will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located.
7. That approval of this special circumstances waiver serves the public interest
and general welfare.
Under authority of subsection 18.02.055.080 and Section 18.12.085 of the Anaheim
Municipal Code, the Zoning Administrator approved Special Circumstances Waiver No.
2003-00024 for the herein described specia{ event starting January 29, 2004 and expiring July
29, 2004, subject to compliance with the following conditions:
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
TEL (714) 765-5139
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1. (a) That hot-air bal{oons and roof-mounted inflatable devices shalt be prohibited.
(b) That no banners, flags, pennants or other temporary devices or advertising which is
directed to adjacent or nearby. public streets, arterial highways or the freeway shall
be permitted; provided that standard identification and price signs may be posted in
connection with outdoor displays where clearly intended to be read only by
pedestrians in and about the parking lot, and entering or leaving the store.
Any violation of this requirement shall result in the immediate termination of this Special
Circumstances Waiver.
2. That this Special Circumstances Waiver shall expire six (6) months from the date the first
Special Event Permit is issued for the proposed accessory outdoor display; and that this
Special Circumstances Waiver is specifically granted for the calendar year 2004.
3. That the appropriate Special Event Permit (or Permits) shah be obtained from the Zoning
Division for the accessory outdoor display activity; and that the appropriate fees shall be
paid for the entire six (6) month period.
4. 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.
5. That within two (2) months from the date of this Decision or prior to commencement of
the activity, whichever occurs first, Condition Nos. 3 and 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 (Time Limit for Amendments, Conditional Use
Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the
Anaheim Municipal Code.
6. That approval of this application constitutes approval. of the request on{y 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.
Sincerely,
~~~'~ l ~lle~ C. ~~~~~
~,
Danielle C. Masciel, Word Processing Operator
Anaheim City Zoning Administration
Scw2004-01 dm.doc
cc: Noe Pena, Littie & Associates Architects, 1050 Lakes Drive, Suite 275, West Covina,
CA 91710
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