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RES-2014-069 RESOLUTION NO. 2014 -069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05706 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (DEV2013- 00114) (2951 WEST BALL ROAD) 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 -05706 to permit an indoor and outdoor smoking lounge (the "Proposed Project ") within an existing commercial tenant space located less than 200 feet from a residential zone and less than 1,000 feet from a school for that premises commonly known as 2951 West Ball Road in the City of Anaheim, County of Orange, State of California (the "Premises "). The Premises is a part of a 14,500 square foot commercial retail building that is located on property generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, 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 General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 27, 2014, which was continued to February 24, 2014, 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 -05706 and to investigate and make findings and recommendations in connection therewith; 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 pertaining to the request for Conditional Use Permit No. 2013- 05706, did adopt its Resolution No. PC2013 -022, approving Conditional Use Permit 2013- 05706; and WHEREAS, within the time prescribed by law, an interested party or parties did appeal said Planning Commission decision to the City Council; and WHEREAS, thereafter, the City Council did set the matter for a de novo hearing, which public hearing was duly noticed in the manner provided by law; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the recommendations and action of the Planning Commission; and WHEREAS, the City Council continued the public hearing to the regular meeting of May 6, 2014 to provide staff time to prepare a resolution for possible denial of the conditional use permit and to provide an opportunity for the applicant and opponents of the Proposed Project to meet and explore a potential compromise; and WHEREAS, under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the City Council 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 City Council does hereby find and determine, with respect to proposed Conditional Use Permit No. 2013 -05706 that all of the conditions and criteria set forth in the Anaheim Municipal Code are present as follows: 1. The proposed request to permit an indoor and outdoor smoking lounge within an existing commercial retail building in the Commercial General (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 allow an indoor and outdoor smoking lounge within an existing 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 the outdoor smoking lounge is obstructed from the residential property to the north by the two -story building and the commercaial center and the hours of operation will be limited through conditions of approval 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 commercial retail building and no expansion of the building 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 to accommodate the use; and 2 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 City Council does hereby approve Conditional Use Permit No. 2013 - 05706, 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 Premises in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete the conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval set forth in Exhibit B hereto 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 City Council 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. /// /// /// /// /// /// /// 3 THE FOREGOING RESOLUTION was adopted at the City Council of the City of Anaheim this 6 day of May , 2014 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: /f MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 101426 -v1 /TReynolds 4 EXHIBIT "A" DEV NO. 2013 -00114 APN: 126-261-28 126 -261 -30 7 V LYNROSE DR W LYNROSE DR 0 2 398' L'2 L b b C N N 399' W BALI RD yr 2 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +I- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05706 (DEV2013- 00114) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO FINAL OCCUPANCY 1 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 Building state or federal laws. Division Fire Department 2 The project shall comply with the requirements of an A Fire Occupancy as outlined in the 2010 California Building Department Code. 3 The business owner shall install and permanently Planning maintain a filtration system on the exhaust vent for the Department, coal burning oven to minimize potential impacts of Planning odors. The design of the filtration system shall be Services reviewed and approved by the Planning Director and Division shown on plans submitted for building permits. The filtration system shall be installed and operational prior to final occupancy. 4 The exhaust vent for the coal burning oven shall be Planning installed on the southernmost portion of the roof in order Department, to maximize the distance from the adjacent residential Planning properties to the north. Services Division 5 The entire parking lot shall be resurfaced and restriped in Planning accordance with Exhibit No. 1 (Site Plan) on file with the Department, Planning Department. This improvement shall be shown Planning on plans submitted for building permits and completed Services prior to final occupancy. Division 6 The rear, north - facing exit door shall be equipped with Planning an emergency alarm to ensure that it is not used by Department, patrons or employees during normal business operations. Planning The alarm system shall be shown on plans submitted for Services building permits and installed prior to final occupancy. Division NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 7 Landscaping consisting of trees planted a maximum of Planning 20 feet apart and shrubs providing complete ground Department, cover within a period of one year shall be planted along Planning the portion of the north property line that separates the Services proposed smoking lounge from the adjacent residential Division property. Landscape plans shall be reviewed and approved by the Planning Director prior to the issuance of building permits and landscaping shall be installed prior to final occupancy. OPERA OPERATIMALowirprriorirs 8 The smoking lounge shall be operated in accordance Planning with the Letter of Request submitted as part of this Department, application. Any changes to the business operation as Code described in the Letter of Request shall be subject to Enforcement review and approval by the Planning Director to Division determine substantial conformance with the Letter of Request to ensure compatibility with the surrounding uses. The days and hours of operation for the smoking lounge are limited to 5:00 p.m. to 2:00 a.m. daily. The hours of operation may be modified subject to prior review and approval by the Planning Director and Chief of Police or their designees. 9 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. Code Enforcement Division 10 The project shall also comply with all City standards and Fire specifications for smoking lounges. Department NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 11 The subject property shall be operated as a "tobacco Planning shop" and a "smokers' lounge ", as those terms are Department, defined in Section 6404.5(d)(4) of the California Labor Code Code. Specifically, the smokers' lounge at the subject Enforcement property shall at all times be an enclosed area in or Division attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes, and for the use of tobacco products only. The tobacco shop, itself, shall be dedicated to the sale of tobacco products, including, but not limited to, cigars, pipe tobacco and smoking accessories. This means that no food or beverages (whether alcoholic or not) shall be sold, served or consumed within the smoking lounge. 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 and a sign shall be posted at the entrance stating "No one under the age of 18 allowed." 13 There shall be no admission fee, cover charge, nor Planning minimum purchase required. Depaitment, Code Enforcement Division Police Depat tuient 14 There shall be no entertainment permitted on the Planning premises at any time, including, but not limited to Department, singers, DJs, dancers, bands and comedians, unless an Code Entertainment Permit is first obtained by the business Enforcement owner. Division Police Department NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 15 Operation of outdoor barbeques or braziers or lighting Planning coals shall not be permitted. Department, Code Enforcement Division Fire Department, Police Department 16 The activities occurring in conjunction with the operation Planning of this establishment shall not cause noise disturbance to Department, surrounding properties. The northeast facing exterior Code door shall remain closed at all times, except as required Enforcement for maintenance or emergency access. Division Police Department 17 The gates leading to the rear parking lot area adjacent to Planning the apartments on the north side of the property shall be Depaitnient, locked from 9:00 p.m. daily and may be unlocked by Code 6:00 a.m. daily. Enforcement Division 18 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 19 No amusement devices shall not be permitted anywhere Planning within the business unless proper permits for such Department, devices are first obtained from the Planning Department. Code Enforcement Division 20 Trash bins located on the north side of the building shall Planning not be utilized after 9:00 p.m. or before 8:00 a.m. daily. Department, Code Enforcement Division NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 21 There shall be no outdoor patio permitted and all Planning smoking activity shall be conducted wholly within the Department, building. Code Enforcement Division SECURITY CONDITIONS 22 The interior premises shall be equipped with a Police comprehensive security alarm system (silent or audible) Department for the following coverage areas: perimeter building and access route protection and high valued storage areas within 120 days of this permit. A Burglary /Robbery Alarm Permit application must be completed, Form APD 516, and return it to the Police Department prior to initial alarm activation within 120 days of this permit. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http: / /www.anaheim.net /article.asp ?id =678 23 Closed circuit television (CCTV) security cameras shall Police be installed with the following coverage areas: building Department interior entrance and exterior entrance, parking lot; general seating area, manager's office covering safe and cashier's area within 120 days of this permit. If security cameras are not monitored, signs indicating so should be placed at each camera. CCTV monitors and recorders should be secured in a separate locked compartment to prevent theft of, or tampering with, the tape. Digital and wireless CCTV security systems are highly recommended over older VHS or "Tape" recording systems. CCTV recordings should be kept for a minimum of 30 days before being deleted or recorded over. If used, CCTV videotapes should not be recorded over more than 10 items per tape. 24 Address numbers shall be positioned so as to be readily Police readable from the street. Numbers should be illuminated Department during hours of darkness. NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 25 All exterior doors to have adequate security hardware, Police e.g. deadbolt locks. Wide -angle peepholes or other Department viewing device should be installed in solid doors where natural surveillance is compromised and any rear utility doors. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob /lever /turn piece within 120 days of this permit. 26 Security measures shall be provided to the satisfaction of Police the Anaheim Police Department to deter unlawful Department conduct of employees and patrons, promote the safe and 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 establishment. 27 At least one uniformed security guard is required from Police 9:00 p.m. to closing. Department 28 Any security officers provided shall comply with all State Planning 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 Division Police Department 29 No window coverings shall prevent visibility of the Planning interior of the tenant space from outside the premises Depai tment, during operating hours. Any proposed window tint shall Code be approved in advance by the Anaheim Police Enforcement Depa' tin ent. Division Police Department 30 The interior of the business shall be maintained with Police adequate illumination to make the conduct of patrons Department within the premises readily discernible to persons of normal visual acuity. NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 31 Adequate lighting of parking lots, passageways, recesses, Planning and grounds contiguous to buildings shall be provided Department, with lighting of sufficient wattage to provide adequate Code illumination to make clearly visible the presence of any Enforcement person on or about the premises during the hours of Division darkness and provide a safe, secure environment for all Police person, property, and vehicles on -site. All exterior doors Department 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. 32 No required parking area shall be fenced or otherwise Planning enclosed for outdoor storage. Department, Code Enforcement Division GENERAL CONDITIONS 33 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 34 Any violation of the application, or any attached Police conditions, shall be sufficient grounds to revoke the Department permit. NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 35 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 "Indemnities ") from any and all claims, Services actions or proceedings brought against Indemnities to Division 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. 36 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. 37 The establishment 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) and Exhibit No. 2 (Floor Plan). 38 The business or property owner shall not make any Planning changes to the exterior of the subject two -story building Dep ent, that would compromise its architectural significance. All Planning exterior building modifications shall be subject to review Services and approval by the Planning Director. Division 39 The smoking lounge shall be completely, physically Planning separated from the restaurant proposed on the west side Department, of the building and these uses shall not share a common Planning entrance or ventilation system. Services Division