Loading...
Resolution-PC 2014-005RESOLUTION NO. PC2014 -005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05717 AND VARIANCE NO. 2012 -04916 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00146) (513 -1/2 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 -05717 and Variance No. 2012 -04916 to permit an outdoor smoking lounge in conjunction with an existing restaurant within a commercial retail building located less than 200 feet from a residential zone and less than 1,000 feet from a school with less parking than required by the Anaheim Municipal Code (the "Code ") for that certain real property located at 513 -1/2 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 .96 acres, is developed with a 9,942 square foot commercial retail building. The Property is located in and subject to the regulations and development standards of the General Commercial (C -G) Zone, except as otherwise specified in the Brookhurst Commercial Corridor (BCC) Overlay Zone. The Anaheim General Plan designates the Property for Corridor Residential land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 2014 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 -05717 and Variance No. 2012 -04916 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, and that, 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 permit a proposed outdoor smoking lounge in conjunction with an existing restaurant, has determined that Conditional Use Permit No. 2013- 05717 should be approved for the following reasons, does find and determine the following facts: - 1 - PC2014 -005 1. The proposed request to permit an outdoor smoking lounge in conjunction with an existing restaurant in a commercial retail building in the General Commercial (C -G) Zone and Brookhurst Commercial Corridor (BCC) Overlay Zone, under the conditions imposed, 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 allow an outdoor smoking lounge in conjunction with an existing restaurant in a commercial retail building, under the conditions imposed, 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 measures will be implemented to reduce potential noise and smoke impacts to the greatest extent possible on the adjacent single family homes, church and commercial properties. These measures will include the construction of a six foot high wood and plexi -glass wall along the west, south and a portion of the north sides of the lounge area to help prevent noise and smoke from emanating onto the adjacent properties. The rear parking lot area is also surrounded by a five foot high block wall on the west and south property lines, separating the use from the church to the south and the single - family homes to the west. This wall provides an additional buffer between the uses. Although there is an elementary school located approximately 930 feet to the west, on Orange Avenue, there are several intervening structures and no point of direct access between the school and proposed smoking lounge; therefore, impacts to the school are not anticipated; 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 commercial retail building and no expansion is proposed; 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 based on a parking demand study prepared for the site and as verified by staff to accommodate the use; and 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. WHEREAS, the Planning Commission does further find and determine that the request for a variance for less parking than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of narking Maces. (81 spaces required; 72 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because the smoking lounge will be accessory to the existing restaurant and will not operate independently. As a result, the smoking lounge is not expected to generate a parking demand beyond that of the restaurant. The applicant conducted parking counts from Saturday, September 21 through Saturday, September 28, 2011 It was -2- PC2014 -005 determined that the highest peak parking demand occurs between the hours of 7:00 p.m. and 9:00 p.m., during which 35 parking spaces were in use for all on -site businesses. Staff visited the site on Monday, December 30, 2013 between the hours of 6:15 p.m. and 7:15 p.m. when the restaurant was not in operation and observed a peak demand of 22 parking spaces. A second visit was conducted during the same hours on Tuesday, December 31, 2013, when the restaurant was operating, and 33 cars were observed on the site. A third visit was conducted during the same hours on Saturday, January 4, 2013 and up to 45 cars were observed on the site. These observations indicate that ample parking will be available for the existing and proposed uses as the 72 parking spaces provided on -site can more than accommodate the observed peak demand. Therefore, staff believes that ample parking will be available for the existing uses and the proposed smoking lounge based on the applicant's parking demand study and as verified by staff and no parking conflicts are expected; 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking within the commercial retail property will adequately accommodate the peak parking demands of the proposed outdoor smoking lounge and restaurant and the other uses on the site; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on -site parking for the outdoor smoking lounge and restaurant will adequately accommodate peak parking demands of all uses on the site; and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off -street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on -site circulation; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on -site circulation, and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the outdoor smoking lounge and restaurant. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013 -05717 and Variance No. 2012 - 04916, 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. -3 - PC2014 -005 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. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 13, 2014. 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. Mout, CHAIR, ANAHEIM CITY PLANN COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2014 -005 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Moms, 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 January 13, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 13` day of January, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2014 -005 EXHIBIT "A" DEV NO. 2012 -00146 APN: 127 - 102 -16 VE i i .i W RAMM DR — 0 W T yFRF qL V) t- en W 330' N � N ]/- 330' 0 O z m o � a J f VI h "....".' W ORANGE AVE x c BE. Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -6- PC2014 -005 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05717 AND VARIANCE NO. 2012-04916 (DEV2012- 00146) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO FINAL OCCUPANCY 1 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. 2 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided Planning with lighting of sufficient wattage to provide adequate Department, illumination to make clearly visible the presence of any Police person on or about the premises during the hours of Department darkness and provide a safe, secure environment for all person, property, and vehicles on -site. 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 persons exiting the building. 3 In- Ground bollards or decorative security planters shall Planning be added in the parking lot adjacent to South and West Department, side of outdoor patio (Outdoor seating and Smoking Police areas). These should be placed between the parking Department stalls and seating areas to prevent a vehicle from reaching the patio area. Bollards or planters shall be rated to stop moving vehicle per applicable code. PRIOR TO ISSUANCE OF BUILDING PERMIT 4 If the proposed canopies are to be permanent, they must Fire comply with the requirements of the 2010 California Department Building Code. GENERAL CONDITIONS 5 The smoking lounge shall remain as an "accessory use" Police to the restaurant and at no time shall it be operated Department, independently of the restaurant use. Planning Department -7- PC2014 -005 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 6 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 7 No required parking area shall be fenced or otherwise Planning enclosed for outdoor storage. Department 8 No alcoholic beverages shall be sold or consumed on the Planning Department, premises unless a conditional use permit allowing such Police use is first obtained. Department 9 Planning Operation of outdoor barbecues or braziers or lighting Department, coals shall not be permitted. Police Department 10 Planning There shall be no admission fee, cover charge, nor Department, minimum purchase required. Police Department 11 Adequate ventilation shall be provided for the heating of Planning coals in accordance with all requirements imposed by the Department, Anaheim Fire Department, or as otherwise required by Police state or federal laws. Department 12 The occupancy shall not exceed the lesser of (i) the Planning occupancy limit for the premises established by the Department, Anaheim Fire Department or (ii) an occupancy limit Police established as a condition of the permit approved Department pursuant to this chapter, or any zone variance issued pursuant to Title 18 of this Code. 13 There shall be no entertainment, amplified music or Planning dancing permitted on the outdoor patio. Interior Department, entertainment within the restaurant shall not be allowed Police unless the business owner first obtains and Entertainment Department Permit. 14 No persons under 18 years of age shall be permitted Planning within any area of the business premises where the Department, smoking of tobacco or other substances is allowed Police including any outdoor seating area, and a sign shall be Department posted at the entrance stating "No one under the age of 18 allowed." -8- PC2014 -005 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 15 The activities occurring in conjunction with the operation Planning Department, of this establishment shall not cause noise disturbance to Police surrounding properties. Department 16 Any violation of the application, or any attached Planning Department, conditions, shall be sufficient grounds to revoke the permit. (Section 18.16.040 Anaheim Municipal Code) Police Department 17 Any security officers provided shall comply with all State Plannmg and Local ordinances regulating their services, including, Department, without limitation, Chapter 11.5 of Division 3 of the Police California Business and Profession Code. Department 18 The business shall be owner - operated or otherwise Planning exempt from the prohibition of smoking in the workplace Department, set forth in California Labor Code Section 6404.5 Police Department 19 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 "Indemnities ") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 20 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. -9- PC2014 -005 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 21 The outdoor smoking lounge shall be operated in Planning accordance with the Letter of Request and Parking Department, Demand Analysis submitted as part of this application. Police Any changes to the business operation as described in Department that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and Parking Demand Analysis and to ensure compatibility with the surrounding uses. The days and hours of operation for the outdoor smoking lounge are limited to 12:00 p.m. to 12:00 a.m. Tuesday through Sunday and closed on Mondays. The hours of operation may be modified subject to prior review and approval by Planning Director. 22 No required parking area shall be fenced or otherwise Planning enclosed for outdoor storage. The existing fence shall Department remain open at all times during business operating hours. 23 The smoking lounge shall be subject to a six month Planning review from the date of the start of business operations at Department which time staff will report back to the Planning Commission on the status of the operation to ensure no impacts have been created associated with the smoking lounge. 24 The outdoor seating/occupancy of the smoking lounge Planning Department area shall be limited to a maximum of 25 patrons. 25 The premises shall be developed substantially in Planning accordance with the plan and specifications submitted to Department and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department marked as Exhibit No. 1 (Site Plan, Floor Plan and Patio Details). 10- PC2014 -005