Resolution-PC 2014-114OLUTION NO. PC2014 -114
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2014 -05743 AND
VARIANCE NO. 2014 -04981 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00065)
(5773 EAST SANTA ANA CANYON ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition to approve (i) Conditional Use Permit No. 2014-
05743 to permit and retain an indoor cigar smoking lounge within 200 feet of residential
properties and within 1,000 feet from a school, and (ii) Variance No. 2014 -04981 to allow fewer
parking spaces than required by the Anaheim Municipal Code (the "Code ") (collectively referred
to herein as the "Proposed Project ") for premises located at that certain real property at 5773 East
Santa Ana Canyon Road 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 is approximately 15.1 acres in size and is currently
developed with a commercial center. The Anaheim General Plan designates the Property for
Neighborhood Center Commercial land uses. The Property is located in the "C -G" General
Commercial Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone,
meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of
the Code shall apply to the Property and shall supersede any inconsistent regulations of the "C-
G" General Commercial Zone. The Proposed Project is not inconsistent with any regulations
contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code. As such, the
Property is subject to the zoning and development standards described in Chapter 18.08
(Commercial Zones) of the Code; 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 (i.e.,
Class 1 — Existing Facilities) 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, on December 15, 2014, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear
and consider evidence for and against proposed Conditional Use Permit No. 2014 -05743 and
Variance No. 2014- 04981, and to investigate and make findings and recommendations in
connection therewith; and
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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 an indoor smoking lounge within a commercial center
with fewer parking spaces than required by the Zoning Code, does find and determine the
following facts with respect to Conditional Use Permit No. 2014- 05743:
1. The proposed conditional use permit request to permit an indoor smoking
lounge within an existing cigar shop is properly one for which a conditional use permit is
authorized under the classes of allowable uses set forth in Table 8 -A as Smoking Lounge, as
referenced in paragraph .0402 of Section 18.08.030 of the Code.
2. The proposed conditional use permit to permit an indoor smoking lounge, as
conditioned herein, 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 building is surrounded
by compatible buildings and uses; and, the smoking lounge would be located within an existing
cigar shop with no adverse effects to adjoining land uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the indoor smoking lounge in a manner not detrimental to the particular area or
to the health and safety because the facility would be located within an existing commercial
center that is surrounded by other commercial uses.
4. The traffic generated by the indoor smoking lounge 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 adequate parking will be provided 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 as the proposed
land use will continue to be integrated with the surrounding commercial center and would not
pose a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to allow less parking than required by the Code in conjunction with the
proposed indoor smoking lounge should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(1,168 spaces required for the entire commercial
center; 866 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. A parking justification letter was
prepared by the applicant, determining that the current number of parking spaces within the
commercial center property is sufficient to accommodate the uses on the site including the indoor
smoking lounge;
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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 will adequately accommodate the peak parking
demands of the proposed indoor smoking lounge and the commercial uses on the site;
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 cigar shop will adequately
accommodate peak parking demands of all uses on the site;
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 indoor smoking lounge.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2014 -05743 and Variance No. 2014 - 04981,
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 Anaheim
Municipal 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.
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BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
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 December 15, 2014. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
— 6L o r�� (V-r
CHA MAN, "IN G COMMISSION
QD-EA CITY OF AHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 15, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of
December, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00065
I APN: 358- 191-12
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Feet Please note the accuracy is +f- two to five feet-
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2014-05743
AND VARIANCE NO. 2014-04981
(DEV2014- 00065)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
The doors to the cigar shop shall remain closed when
Planning Department,
patrons are utilizing the indoor smoking lounge.
Planning Services Division
2
The applicant shall be responsible for maintaining the area
Planning Department,
adjacent to the premises over which they have control, in an
orderly fashion through the provision of regular
Code Enforcement
maintenance and removal of trash or debris.
3
No required parking area shall be fenced or otherwise
Planning Department,
enclosed for outdoor storage.
Code Enforcement
4
The operation of any business under this permit shall not be in
Police Department
violation of any provision of the Anaheim Municipal Code,
State or County ordinances, rules or regulations, including but
not limited to Section 6404.5 of the California Labor Code.
5
The number of patrons at the business shall not exceed the
Police Department
maximum occupancy load as determined by the Anaheim Fire
Department. Signs indicating the occupant load shall be
posted in a conspicuous place on an approved sign near the
main exit from the room.
6
The business shall be operated in accordance with the Letter
of Request and Parking Justification Letter submitted as part
Planning Department,
of this application. Any changes to the business operation
Planning Services Division
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
Justification Letter and to ensure compatibility with the
surrounding uses.
7
Any Graffiti painted or marked upon the premises or on any
adjacent area under the control of the licensee shall be
Police Department
removed or painted over within 24 hours of being applied.
8
Adequate ventilation shall be provided within the smoking
lounge in accordance with all requirements imposed by the
Fire Department
Anaheim Fire Department, or as otherwise required by state
or federal laws.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
9
The maximum occupancy shall not exceed the occupancy
Fire Department, Building
limit for the premises established by the Anaheim Fire
Division, Code Enforcement
Department and Building Division.
10
All business related activities shall be conducted wholly
within the building.
Police Department
GENERAL CONDITIONS
11
The applicant is responsible for paying all charges related to
the processing of this discretionary case application within
Planning Department,
30 days of the issuance of the final invoice or prior to the
Planning Services Division
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.
12
The Applicant shall defend, indemnify, and hold harmless
the City and its officials, officers, employees and agents
Planning Department,
(collectively referred to individually and collectively as
"Indemnitees ")
Planning Services Division
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, 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.
13
The Property shall be developed substantially in accordance
Planning Department,
with plans and specifications submitted to the City of
Planning Services Division
Anaheim by the applicant and which plans are on file with
the Planning Department and as conditioned herein.
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