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Resolution-PC 2013-059RESOLUTION NO. PC2013 -059 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05679 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00016) (420 SOUTH BROOKHURST STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did receive a verified petition to approve Conditional Use Permit No. 2013 -05679 to permit a banquet facility which includes a restaurant with the sales of alcoholic beverages and hookah lounge within an existing building for that certain real property located at 420 South Brookhurst Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 1.35 acres, is developed with a vacant restaurant building. The Property is located in the General Commercial (C -G) Brookhurst Corridor Overlay (BCC) Zone. The Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 26, 2013 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 Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for and against proposed Conditional Use Permit No. 2013 -05679 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and /or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination. The addition of a second story, consisting of not more than 6,890 square feet, is an example of a type of project that involves negligible expansion of an existing use because it will not result in an increase or more than 10,000 square feet and is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive. Therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the 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 with respect to the request to proposed Conditional Use Permit No. 2013 - 05679, has determined that Conditional Use Permit No. 2013 -05679 should be approved for the following reasons, does find and determine the following facts: - 1 - PC2013 -059 I . The proposed request to permit a banquet facility which includes a restaurant with the sales of alcoholic beverages and hookah lounge within an existing building in the Commercial General (C -G) Brookhurst Corridor Overlay (BCC) zone is properly one for which a conditional use permit is authorized by Section 18.08.030.010 of the Code; and 2. The proposed conditional use permit to a banquet facility which includes a restaurant with the sales of alcoholic beverages and hookah lounge within an existing building would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because all activities will be conducted inside the building; hours of operation are limited through conditions of approval; and, valet parking will be utilized in the parking lot adjacent to the residential properties in order to reduce potential impacts on adjacent residential properties; and 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to either the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a restaurant building; the proposal to construct a second story addition will not expand beyond the existing footprint of the building will not exceed the permitted building height of the zone; and 4. The traffic generated by the proposed project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and there is adequate parking on -site to accommodate the use; 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013- 05679, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the 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 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 Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 Code. BE IT FURTHER RESOLVED that the 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. -2- PC2013 -059 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 26, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ( "Zoning Provisions - General ") of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PL NNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 26, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of August, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2013 -059 EXHIBIT "A" DEV NO. 2013 -00016 APN: 128- 171 -74 ................... i i i i i i i i i i i N Ln E- Ln Y Y O O f� m W BROADWAY r vs w s c,a Cr Q vi Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -4- PC2013 -059 65' 0 210' 0 r� c� in Co 275' r vs w s c,a Cr Q vi Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -4- PC2013 -059 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013 -05679 (DEV2013- 00016) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO COMMENCEMENT OF THE BUSINESS 1 The applicant shall obtain a Smoking Lounge permit pursuant to Anaheim Municipal Code Section 18.16.080 Fire — Smoking Lounges and comply with the requirements Department, outlined in the City of Anaheim Fire Department Planning Specifications and Requirements for Smoking Lounges. Department 2 A Burglary/Robbery Alarm Permit application, Form APD 516,shall be completed and returned to the Police Police Department prior to initial alarm activation. This form is Department available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anahe1m.net/article.asp?id=678 3 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be Police illuminated during hours of darkness. Department 4 Rooftop address numbers for the police helicopter. Minimum size 4' in height and 2' in width. The lines of Police the numbers are to be a minimum of 6" thick. Numbers Department should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. 5 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful Police conduct of employees and patrons, promote the safe and Department orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 6 The building shall be equipped with a comprehensive security alarm system (silent or audible) for the Police perimeter building, access route protection and high Department valued storage areas. 7 Curbs adjacent to the drive aisles shall be painted red to Public Works prohibit parallel parking in the drive aisles. Red curb Department, locations shall be clearly labeled on building plans. Traffic Engineering -5 - PC2013 -059 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 8 A security plan must be submitted to the Police Department for review and approval prior to the Police operation of any business at this location. Department 9 All exterior doors shall have adequate security hardware, e.g. deadbolt locks. The locks shall be so constructed that Police both the deadbolt and deadlocking latch can be retracted Department by a single action of the inside doorknob /lever /turn piece. 10 Monument signs and addresses shall be well lit during Police hours of darkness. Department 11 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided Police with lighting of sufficient wattage to provide adequate Department illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. Exterior, full cut -off, wall packs shall be included on the exterior of the structure to illuminate the area immediately surrounding the building. 12 All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours Police to make clearly visible the presence of any person on or Department about the premises and provide adequate illumination for persons exiting the building. 13 "No Trespassing 602(k) P.C." shall be posted at the entrances of parking lots /structures and located in other Police appropriate places. Signs must be at least 2' x F in Department overall size, with white background and black 2" lettering. 14 All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in Police removal of vehicles at the property owner's /manager's Department request. 15 The property owner shall provide a loading zone for the valet parking service. A valet and access plan shall be Public Works submitted to the Traffic Engineering Manager for review Department, and approval. Traffic Engineering Services Division -6- PC2013 -059 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY Police Department 16 The business owner shall obtain a parking agreement with the property owner to the south of this project in Planning order to secure additional self - parking spaces. This Department, agreement shall be reviewed and approved by Planning Plannng Department staff prior to finalization of the parking Division agreement. PRIOR TO ISSUANCE OF BUILDING PERMIT 17 The developer shall submit for review and approval by the Public Works Department, Development Services Public Works Division, street improvement plans for the reconstruction Department, of driveway approaches and installation of landscape and Development irrigation improvements. The landscape and irrigation Services improvement plans shall be prepared in accordance with Division the City's Master Street Tree Plan of Arterial Corridors. 18 The developer shall post a security to guarantee the construction of public works improvements in an amount Public Works approved by the City Engineer and in a form approved Department, by the City Attorney. The improvements shall be Development constructed prior to final building and zoning Services inspections. Division 19 Provide a parking lot lighting plan demonstrating that all Planning parking lot lighting within the area adjacent to the east Department, property line is down -lit so as not to spill on to Plannng residential properties. Division 20 Plans shall indicate that no second story windows are Planning proposed on the east building elevation. Department, Plannng Division GENERAL CONDITIONS 21 The hours of operation for the banquet facilty, restaurant and hookah lounge shall be limited to 10:00 p.m. Sunday Police thru Thursday, and 1:00 a.m. Friday and Saturday. The Department, hours for Friday and Saturday would be granted for a six Planning month period of time commencing with the opening date Department, of the banquet facility / restaurant / hookah lounge at Code which time a staff level review will occur in order to re- Enforcement evaluate calls for service. This matter shall be brought Division before the Planning Commission as a Report and Recommendation item for review of hours of operation -7- PC2013 -059 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY six months after the issuance of a certificate of occupancy for the building. 22 The hookah lounge shall remain as an "accessory use" to the banquet facility and restaurant and at no time shall Police not be operated independently of these uses. Department, Planning Department, Code Enforcement Division 23 Any graffiti painted or marked upon the premises or on Planning any adjacent area under the control of the property owner Department, shall be removed or painted over within 24 hours of Code being applied. Enforcement Division 24 There shall be no charge for valet parking. Code Enforcement 25 The hookah lounge area shall not exceed 44 patrons. Code Enforcement 26 The east parking lot shall be valet parking only and shall Planning only be utilized by valet attendants. Department, Code Enforcement Division 27 No required parking area shall be fenced or otherwise Planning enclosed for outdoor storage. Department, Code Enforcement Division 28 Employees shall not be allowed to loiter during breaks Police on the east side of the building in order to minimize Department noise impacts to adjacent neighbors. 29 All activities related to the use shall occur indoors, Planning except as may be permitted by an authorized Special Department, Event Permit. Code Enforcement Division -8- PC2013 -059 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 30 Whenever a banquet or event is being held, security personnel must be present both inside and outside the Police business, roaming the parking lot, to see that noise levels Department remain low and do not disturb the nearby residential neighborhood. 31 The business owner /operator shall police the area under their control in an effort to prevent loitering. Police Department 32 The business owner /operator shall not require an admission or a cover charge, nor a requirement to Police purchase a minimum number of drinks. Department 33 The business owner /operator shall not share any profits, or pay any percentage or commission to a promoter or Police any other person, based upon monies collected as a door Department charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 34 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department 35 The doors shall remain closed at all times that entertainment is permitted, except during times of entry or Police exit, emergencies and deliveries. (Section 4.18.110 Department Anaheim Municipal Code) 36 The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy Police them drinks in the licensed premises under any Department commission, percentage, salary, or other profit- sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) 37 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from Police within, promoting or indicating the availability of Department alcoholic beverages. 38 That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor Police shall the establishment be operated as a public premise as Department defined in Section 23039 of the Business and Professions Code. This location shall not be operated as a night club. 39 Individual signs shall be posted inside the banquet hall near the exit doors to the terrace stating: no alcohol Police allowed past this point and no one under the age of 18 Department allowed past this point. -9- PC2013 -059 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 40 All employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Police Section 7.16.060 of the Anaheim Municipal Code. Department 41 Landscaping shall be of the type and situated in locations to maximize observation while providing the desired Police degree of aesthetics. Department 42 The property owner shall submit a letter requesting termination of Conditional Use Permit No. 2007 -05223 Planning for approval by the Planning Director. Department, Planning Services Division 43 The Applicant shall defend, indemnify, and hold Planning harmless the City and its officials, officers, employees Department, and agents (collectively referred to individually and Planning collectively as "Indemnitees ") from any and all claims, Services actions or proceedings brought against Indemnitees to Division attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 44 The applicant is responsible for paying all charges related Planning to the processing of this discretionary case application Department, within 30 days of the issuance of the final invoice or prior Planning to the issuance of building permits for this project, Services whichever occurs first. Failure to pay all charges shall Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. -10- PC2013 -059 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 45 Granting of the conditional use permit contingent upon Planning operation of this facility in conformance with the Department, assumptions and /or conclusions relating to the operation Planning and intensity of this use as contained in the parking study Services dated August 9, 2013 prepared by TSE. Exceeding, Division violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking study, may subject this conditional use permit to termination pursuant to the provisions of Chapter 18.60 - Procedures of the Anaheim Municipal Code. 46 The property shall be developed substantially in Planning accordance with plans and specifications submitted to Department, and reviewed by the City of Anaheim and which plans Planning are on file with the Planning Department and as Services conditioned herein. Division - 11 - PC2013 -059