Resolution-PC 2014-029RESOLUTION NO. PC2014 -029
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2013 -05699 AND VARIANCE NO. 2013 -04932
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00051)
(1783 — 1785 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as
the "Planning Commission ") did receive a verified petition for Conditional Use Permit No. 2013-
05699 to permit an outdoor smoking lounge in conjunction with an existing restaurant in a
commercial building (herein referred to as the "Proposed Project ") and Variance No. 2013 -04932
to permit fewer parking spaces than required by the Anaheim Municipal Code (the "Code ") for
that certain real property located at 1783 — 1785 West Lincoln Avenue 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 0.3 acres, is developed with a
3,840 square foot commercial retail building with two tenants. The Property is located in and
subject to the regulations and development standards of the General Commercial (C -G) Zone.
The Anaheim General Plan designates the Property for Industrial land uses; and
WHEREAS, this Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 24, 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 -05699 and Variance No. 2013 -04932 and
to investigate and make findings and recommendations in connection therewith. The hearing
was continued to the regular meeting of the Planning Commission held on March 24, 2014 to
allow time to address issues raised during the public hearing. At the request of the applicant, the
hearing was continued an additional two weeks to the April 7, 2014 meeting; 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 an outdoor smoking lounge in conjunction with
an existing restaurant, has determined that Conditional Use Permit No. 2013 -05699 should be
approved for the following reasons, does find and determine the following facts:
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I . The proposed request to permit the Proposed Project in the General Commercial
(C -G) 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 permit the Proposed Project, under the
conditions imposed, would not adversely affect the adjoining land uses and the growth and
development of the area because the nearest residential structures are located more than 300 feet
from the outdoor patio area where smoking occurs. Moreover, the smoking lounge can operate in a
manner that is compatible with surrounding uses; 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
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 analysis 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 the land use is
compatible with the surrounding area.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to permit less parking than required by Code should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(78 spaces required; 13 on -.site spaces and 102
off -site 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 based upon the conclusions contained in a self -
prepared parking demand analysis submitted by the applicant and verified by staff's observations
of the the restaurant and hookah lounge between the hours of 4:30 p.m. and 8:00 p.m when the
Proposed Project shares parking spaces with adjacent businesses during their normal business
hours, and the availability of adequate parking during peak business hours. These observations
confirmed that adequate parking will be available for the existing and proposed uses as the 115
parking spaces, which includes 102 off -site parking spaces under parking agreements with
adjacent property owners; and
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 and off -site parking within the commercial retail property
and adjacent properties under agreement, will adequately accommodate the parking demands of
the Proposed Project and the other uses on the site; and
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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 and off -site parking for the outdoor smoking lounge
and restaurant will adequately accommodate peak demands of the Proposed Project and 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2013 -05699 and Variance No. 2013- 04932, 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.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 7, 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.
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CHAIR, ANAHEIM CITY PL NING 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 April 7, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
2014. IN WITNESS WHEREOF, I have hereunto set my hand this 7�h day of April,
'ARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A "
DEV NO. 2013 -00051
W LINCOLN AVE
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L I Source: Recorded Tract Maps and /or City GIS.
Feet Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013-05699 AND
VARIANCE NO. 2013-04932
(DEV2013- 00051)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
GENERAL CONDITIONS
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
The proper permits shall be obtained for the unpermitted
Planning
outdoor patio improvements within 90 days of the date of
Department,
this resolution.
Building
Division
4
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
5
No required parking area shall be fenced or otherwise
Code
enclosed for outdoor storage.
Enforcement
6
No alcoholic beverages shall be sold, served or
Police
consumed on the premises.
Department
7
Operation of outdoor barbecues or braziers or lighting
Police
coals shall not be permitted.
Department,
Code
Enforcement
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
g
There shall be no admission fee, cover charge, nor
Police
minimum purchase required.
Department
9
Adequate ventilation shall be provided for the heating of
Fire
coals in accordance with all requirements imposed by the
Department
Anaheim Fire Department, or as otherwise required by
state or federal laws.
10
The maximum occupancy shall not exceed the
Fire
occupancy limit for the premises established by the
Department,
Anaheim Fire Department and Building Division.
Building
Division,
Code
Enforcement
11
There shall be no entertainment, amplified music or
Police
dancing permitted on the outdoor patio or within the
Department,
enclosed smoking lounge. An Entertainment Permit may
Code
be applied for at the restaurant.
Enforcement
12
No persons under 18 years of age shall be permitted
Police
within any area of the business premises where the
Department,
smoking of tobacco or other substances is allowed
Code
including any outdoor seating area, and a sign shall be
Enforcement
posted at the entrance stating "No one under the age of
18 allowed."
13
The activities occurring in conjunction with the operation
Police
of this establishment shall not cause noise disturbance to
Department,
surrounding properties.
Code
Enforcement
14
Any security officers provided shall comply with all State
Police
and Local ordinances regulating their services, including,
Department,
without limitation, Chapter 11.5 of Division 3 of the
Code
California Business and Profession Code.
Enforcement
15
The business shall be exempt from the prohibition of
Police
smoking in the workplace set forth in California Labor
Department,
Code Section 6404.5.
Code
Enforcement
16
The business shall be operated in accordance with the
Planning
Letter of Request and Parking Demand Analysis
Department
submitted as part of this application. Any changes to the
business operation as described in 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.
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
17
The applicant shall provide a parking attendant at all
Planning
times during the operating hours of the smoking lounge
Department,
to monitor the parking lot and ensure that employees and
Code
customers do not park on adjacent properties without the
Enforcement
authorization of the appopriate property owner(s).
18
Within 90 days of the date of this resolution, the
Planning
applicant shall obtain agreements with those property
Department,
owners or tenants identified on approved exhibits for the
Code
purpose of providing a minimum of 78 parking spaces,
Enforcement
which agreements shall be satisfactory to the Planning
Director and the City Attorney and in recordable form
and, following approval thereof by the City Attorney,
shall be recorded in the Official Records of the County of
Orange.
19
The applicant shall not permit smoking within any
Planning
portion of the building containing the enclosed
Department,
restaurant.
Code
Enforcement
20
The applicant shall install a self - closing door as
Planning
determined appropriate by the Building Official, at the
Department,
doorway between the enclosed restaurant and the outdoor
Building
smoking lounge to prevent smoke from the outdoor
Division
smoking lounge from migrating into the enclosed
restaurant. If the Building Official permits a self - closing
door to be installed, the applicant shall not permit that
door to remain open, except for the use of employees for
the purpose of serving food and beverages to patrons,
guests and invitees sitting on the outdoor smoking lounge
and to gain access to the enclosed smoking lounge.
21
The applicant shall not sell, offer for sale, distribute or
Planning
serve food or beverage products, including, but not
Department,
limited to, water or alcoholic beverages within the
Code
enclosed smoking lounge where the smoking of tobacco
Enforcement
is permitted under this Section 18.16.080. The sale, offer
for sale, distribution or service of such food or beverage
products to patrons, guests and invitees of the enclosed
smoking lounge may occur at the enclosed restaurant or
on the outdoor smoking lounge provided that such food
or beverage products may only be consumed on the
outdoor smoking lounge or within the enclosed restaurant
and not within the enclosed smoking lounge.
22
The location of equipment used for the heating and
Fire
disposal of coals shall be determined and approved by
Department
the Anaheim Fire Department.
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
23
The applicant shall be responsible for removing trash and
Planning
debris within all shared parking areas on a daily basis.
Department,
Code
Enforcement
24
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 Indemnities 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,
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.
25
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.
26
The premises shall be developed substantially in
Planning
accordance with the plans and specifications submitted to
Department
and reviewed and approved by the City of Anaheim,
which plan is on file with the Planning Department.
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