RES-2013-178RESOLUTION NO. 2013-178
A RESOLUTION OF THE CITY COUNCIL 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 ") received a verified petition for Conditional Use Permit No. 2013 -05679
to permit a banquet facility which includes a restaurant with the sale of alcoholic beverages and a
hookah lounge within an existing building (herein referred to as the "Proposed Project ") on that
certain real property located at 420 South Brookhurst Street in the City of Anaheim, as generally
depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property ");
and
WHEREAS, the Property 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, the 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 (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, the Planning Commission did find and determine that the Proposed Project
is within that class of projects under the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA "), that consists 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 its determination.
The addition of a second story on the building at the Property, 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 (i) it will not result in an increase or more than 10,000 square feet, (ii) it is in an area
where all public services and facilities are available to allow for maximum development
permissible under the General Plan, and (iii) the area in which the Proposed Project is located is
not environmentally sensitive. Accordingly, pursuant to Section 15301 of Title 14 of the
California Code of Regulations, the Planning Commission did determine that 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, did adopt its Resolution No. PC2013 -059, approving Conditional Use Permit No.
2013 -05679 subject to certain conditions of approval described in said Resolution; and
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WHEREAS, within the time prescribed by Section 18.60.130 of the Code, two members
of the City Council requested review of the decision of the Planning Commission by the City
Council; and
WHEREAS, the City Clerk did set said application for proposed Conditional Use Permit
No. 2013 -05679 for a de novo hearing, which public hearing was duly noticed in the manner
provided by law; and
WHEREAS, on October 8, 2013, the City Council did hold and conduct a duly noticed
public hearing to consider proposed Conditional Use Permit No. 2013- 05679. The City
Council continued this item to its regular meeting on November 19, 2013.
WHEREAS, at the time and place fixed for said public hearing, the City Council did hold
and conduct a duly noticed public hearing to consider proposed Conditional Use Permit No.
2013 -05679 and after careful consideration of all evidence and reports submitted to the Planning
Commission and the action taken by the Planning Commission, and all evidence and reports
offered at said public hearing before the City Council, and, based thereon, does hereby make the
following findings and determinations:
1. The Proposed Project is within that class of projects which consists 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. 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
2. The proposed request to permit a banquet facility which includes a restaurant with
the sales of alcoholic beverages and a 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
3. The proposed request to permit a banquet facility which includes a restaurant with
the sales of alcoholic beverages and a 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
4. 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 and will not exceed the permitted building height of the zone;
and
5. 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
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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; and
6. 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 City Council, for the reasons
hereinabove stated, does hereby approve Conditional Use Permit No. 2013- 05679, contingent
upon and subject to the conditions of approval set forth 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.
BE IT FURTHER RESOLVED that extensions for further time to complete the
conditions of approval set forth in Exhibit B hereto may be granted in accordance with Section
18.60.170 of the Code.
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 approval of Conditional Use Permit No. 2013 -05679
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 thirty (30) 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 delays in the issuance of required
permits or may result in the revocation of the approval of this application.
BE IT FURTHER RESOLVED that the time within which a rehearing must be sought is
governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is governed by Section 1094.6 of
the Code of Civil Procedure and Anaheim City Council Resolution No. 79R -524.
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THE FOREGOING RESOLUTION was adopted at the City Council of the City of
Anaheim this 19th day of November , 2013 by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By: Z'
MAYA OF THE CI Y OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
97893 /TReynolds
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EXHIBIT "A"
DEV NO. 2013 -00016
APN: 128- 171 -74
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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CONDITIONAL USE PERMIT NO. 2013 -05679
(DEV2013- 00016)
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
PRIOR TO COMMENCEMENT OF THE BUSINESS
1
The applicant shall obtain a Smoking Lounge permit
Fire
pursuant to Anaheim Municipal Code Section 18.16.080
Department,
— Smoking Lounges and comply with the requirements
Planning
outlined in the City of Anaheim Fire Department
Department
Specifications and Requirements for Smoking Lounges.
2
The business owner shall obtain a parking agreement
Planning
with a property owner within 1,000 feet of the facility in
Department
order to secure additional self - parking spaces. This
agreement shall be reviewed by Planning Director or her
designee prior to finalization of the parking agreement.
3
The applicant shall submit a security and operations plan
for review and approval by the Chief of Police. The plan
shall include, at a minimum, the following information:
• The number of proposed security guards, and
their typical post location, including at least one
guard whose primary function is to monitor the
east parking lot to prevent noise and disruptive
behavior that may disturb nearby residents.
Police
• Measures to discourage parking, loitering, and
Department
littering along Archer Street.
• A prohibition on employees gathering on the east
side of the building, during breaks and before and
after shifts, to minimize noise impacts to adjacent
neighbors.
The Chief of Police may require modifications to this
security plan, as necessary, to control disruptive behavior
at this site.
4
The applicant shall submit a valet parking operations
plan for review and approval by the Planning Director.
The plan shall include, at a minimum, the following
Planning
information:
Department
• Location of valet service pick -up and drop -off
points.
• Procedures and staffing levels to insure that
vehicles are retrieved in less than eight minutes
during peak periods.
• Statement that valet services will be used when
the banquet room and restaurant are used
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NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
concurrently.
• Statement that the eastern parking area will be
used for valet parking when valet services are
used.
• Statement that cars will not queue on to
Brookhurst Street as a result of waiting for valet
services
Notices containing the phone numbers of an on -site
manager available during all business hours, and the
City's Code Enforcement Division, shall be provided to
all residents within 300 feet of the project site, as well as
anyone who has submitted a comment letter. Notices
shall be provided to the Planning Department in
addressed, postage paid, unsealed envelopes for mailing
by the City.
6 The building shall be equipped with a comprehensive
security alarm system (silent or audible) for the
perimeter building, access route protection and high
valued storage areas.
7 A Burglary /Robbery Alarm Permit application, Form
APD 516, shall be completed and returned to the Police
Department prior to initial alarm activation. This form is
available at the Police Department front counter, or it can
be downloaded from the following web site:
http://
Address numbers shall be positioned so as to be readily
readable from the street. Numbers should be illuminated
during hours of darkness.
9 Adequate lighting of parking lots, passageways, recesses,
and grounds contiguous to buildings shall be provided
with lighting of sufficient wattage to provide adequate
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. House shields
shall be provided to minimize glare on adjacent
residential properties.
10 All exterior doors shall have their own light source,
which shall adequately illuminate door areas at all hours
to make clearly visible the presence of any person on or
about the premises and provide adequate illumination for
Planning
Department
Police
Department
Police
Department
Police
Department
Police
Department
Police
Department
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NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
persons exiting the building.
11
Rooftop address numbers for the police helicopter.
Police
Minimum size 4' in height and 2' in width. The lines of
Department
the numbers are to be a minimum of 6" thick. Numbers
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.
12
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
13
All exterior doors shall have adequate security hardware,
e.g. deadbolt locks. The locks shall be so constructed
Police
that both the deadbolt and deadlocking latch can be
Department
retracted by a single action of the inside
doorknob /lever /turn piece.
14
Monument signs and addresses shall be well lit during
Police
hours of darkness.
Department
15
"No Trespassing 602(k) P.C." shall be posted at the
Police
entrances of parking lots /structures and located in other
Department
appropriate places. Signs must be at least 2' x 1' in
overall size, with white background and black 2"
lettering.
16
All entrances to parking areas shall be posted with
Police
appropriate signs per 22658(a) C.V.C., to assist in
Department
removal of vehicles at the property owner's /manager's
request.
17
Demolition and construction shall comply with all
Planning
applicable regional, State and Federal regulations.
Department,
Building
Division
PRIOR TO ISSUANCE'OFA BUILDING PERMIT
18
The property owner shall submit a letter to the Planning
Planning
Director requesting termination of Conditional Use
Department
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
Permit No. 2007 - 05223.
19
The developer shall submit for review and approval by the
Public Works
Public Works Department, Development Services
Department,
Division, street improvement plans for the reconstruction
Development
of driveway approaches and installation of landscape and
Services
irrigation improvements. The landscape and irrigation
Division
improvement plans shall be prepared in accordance with
the City's Master Street Tree Plan of Arterial Corridors.
20
The developer shall post a security to guarantee the
Public Works
construction of public works improvements in an amount
Department,
approved by the City Engineer and in a form approved
Development
by the City Attorney. The improvements shall be
Services
constructed prior to final building and zoning
Division
inspections.
21
Plans shall indicate that no second story windows are
Planning
proposed on the east building elevation.
Department
22
Plans shall indicate that sound attenuation materials have
Planning
been incorporated into the building materials.
Department
23
A landscape plan shall indicate vines with trellises and
Planning
trees planted adjacent to the east and south building
Department
elevations.
GENERAL CONDITIONS
24
The hours of operation for the banquet facility, restaurant
Police
and hookah lounge shall be limited to 10:00 p.m. Sunday
Department,
thru Thursday, and 1:00 a.m. Friday and Saturday.
Planning
Extension of these hours shall require an amendment of
Department,
this CUP, approved by the Planning Commission at a
Code
duly noticed public hearing.
Enforcement
Division
25
The banquet /restaurant and hookah lounge shall be
Planning
reviewed by the Planning Commission at a duly noticed
Department
public hearing six months after commencement of the
business.
26
During the first six months of the facility's operation, the
Planning
business owner shall pay for two Code Enforcement staff
Department,
inspections in order to determine compliance with
Code
Enforcement
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
conditions of approval.
Division
27
The hookah lounge shall remain an "accessory use" to
Police
the banquet facility and restaurant. The hookah lounge
Department,
shall be for the exclusive use of patrons of the onsite
Planning
banquet facility and /or restaurant. Maximum occupancy
Department,
of the hookah lounge shall be 44 people.
Code
Enforcement
Division
28
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
29
There shall be no charge for valet parking.
Planning
Department,
Code
Enforcement
Division
30
The east parking lot shall be used for valet parking only
Planning
and shall only be utilized by valet attendants.
Department,
Code
Enforcement
Division
31
No required parking area shall be fenced or otherwise
Planning
enclosed for outdoor storage.
Department,
Code
Enforcement
Division
32
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
33
The business owner /operator shall not require an
Police
admission or a cover charge, or a requirement to
Department
purchase a minimum number of drinks.
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NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
34
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.
35
The sale of alcoholic beverages for consumption off the
Police
premises shall be prohibited.
Department
36
The doors shall remain closed at all times except during
Police
times of entry or exit, emergencies and deliveries.
Department
37
There shall be no exterior advertising of any kind or
Police
type, including advertising directed to the exterior from
Department
within, promoting or indicating the availability of
alcoholic beverages.
38
That subject alcoholic beverage license shall not be
Police
exchanged for a public premise (bar) type license nor
Department
shall the establishment be operated as a public premise as
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
Police
near the exit doors to the terrace stating: no alcohol
Department
allowed past this point and no one under the age of 18
allowed past this point.
40
Existing landscaping within the landscape planter along
Police
the east property line boundary shall be removed and
Department
minimum 15 gallon size Cypress trees shall be provided
along the full length of the east property line and planted
4 -foot on center. Landscaping shall be irrigated and
maintained in a healthy condition and shall comply with
conceptual landscape plans.
41
The Applicant shall defend, indemnify, and hold
Planning
harmless the City and its officials, .officers, employees
Department
and agents (collectively referred to individually and
collectively as "Indemnitees ") from any and all claims,
actions or proceedings brought against Indemnitees to
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,
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REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
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.
42
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
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 may
result in the revocation of the approval of this application.
43
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
and intensity of this use as contained in the parking study
dated August 9, 2013 prepared by TSE. Exceeding,
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.
44
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
are on file with the Planning Department and as
conditioned herein.
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