Resolution-PC 2011-087RESOLUTION NO. PC2011 -087
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION
AND APPROVING VARIANCE NO. 2011 -04875
(DEV2010- 00180)
(930 SOUTH BROOKHURST STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of
California shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and
WHEREAS, the applicant requests a variance from parking requirements to retain an
expansion to an existing outdoor hookah lounge in the Commercial - General (C -G) zone and the
Anaheim General Plan designates this property for Corridor Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 21, 2011, at 5:00 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 18.60 "Procedures," to hear and consider evidence for and against said proposed variance
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Planning 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 applicant requests a variance from the following Code Section to retain an
expansion to an existing outdoor hookah lounge:
(a) SECTION NO. 18.42.040.010 Minimum number of parking spaces
(54 spaces required; 23 spaces proposed)
2. The requested variance, under the conditions imposed, will not cause fewer off - street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate
all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of such
use as indicated in the parking study dated October 18, 2011 prepared by 1131 Group.
3. The parking variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the
aforementioned parking study which concludes that the proposed 23 parking spaces are adequate to
meet the peak demand of the restaurant and outdoor hookah area.
4. The variance will not increase the demand and competition for parking spaces upon
adjacent properties in the immediate vicinity of the proposed use as the expanded hookah area with
the existing restaurant will not increase the demand and competition for parking spaces upon adjacent
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private property in the immediate vicinity of the project. Current parking utilization in the adjacent
lots is low, and the project is not expected to generate any additional parking demand.
5. The variance will not increase traffic congestion within the off- street parking areas
provided for the proposed use. The off -site parking lot serving the site provides 23 spaces. Parking
surveys conducted as part of the parking study indicate that during peak parking occupancy, only 13
of the 23 spaces were occupied.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines,
and is therefore, exempt from the requirement to prepare additional environmental documentation.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby approve Variance No. 2011 -04875 subject to the conditions of approval described in Exhibit
"B" attached hereto and incorporated by this reference, which are hereby found to be a necessary
prerequisite to the proposed use of the subject property in order to preserve the health, safety and
general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete
conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code. Timing for compliance with conditions of approval may be amended by the
Planning Director upon a showing of good cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the
Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED, that this Variance is approved without limitations on
the duration of the use. Amendments, modifications and revocations of this permit may be processed
in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -
Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set forth. Should any such condition, or
any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice or prior to the issuance of building permits for this project, whichever occurs first.
Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of
the approval of this application.
2 PC2011 -087
THE FOREGOING RESOLUTI • \ was adopted at the Planning Commission meeting
of November 21, 2011.
ATTEST:
CHAIRMAN, AN
---
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
IM CITY P IG COMMISSION
1, Eleanor Morris, Secretary of the Anaheim City Planning Connrussion, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on November 21, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of November, 2011.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is -4-/- two to five feet.
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NO.
CONDITIONS OF APPROVAL
SIGNED OFF
BY
REVIIEW
BY
GENERAL
1
Granting of the parking variance is contingent
upon operation of this facility in conformance
with the assumptions and/or conclusions
relating to the operation and intensity of use as
contained in the parking study dated October
18, 2011 prepared by 1131 Group, which formed
the basis for approval of said variance.
Exceeding, violating, intensifying or otherwise
deviating from any of said assumptions and/or
conclusions, as contained in the parking study,
may subject this variance to termination
pursuant to the provisions of Chapter 18.60 -
Procedures of the Anaheim Municipal Code.
Planning
Department,
Code
Enforcement
Division
2
Within 30 days of approval of this variance, the
business owner shall file an amendment to the
existing Smoking Lounge Permit that has been
granted for this location. The permit
application shall be subject to review and
approval as authorized under Chapter 4.22
(Smoking Lounges) of the Anaheim Municipal
Code.
Planning
Department,
Licensing
Division
3
Within 60 days of approval of this variance, the
business owner shall install a physical barrier
capable of stopping a moving vehicle (e.g., low
concrete wall, concrete planter, steel bollards,
etc.) between the covered patio area and the
southern driveway on Brookhurst Street.
Planning
4
The property shall be developed substantially
in accordance with plans and specifications
submitted to the City of Anaheim by the
applicant and which plans are on file with the
Planning Department marked Exhibit No. 1
through 3 (Site Plan, Elevation and Floor
Plans) and as conditioned herein.
Planning
VA I" l[ANCE NO. 2011-04875
(DEV2010-00180)
EXHIBIT "B"
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PC2011 -087