Resolution-PC 2020-004RESOLUTION NO. PC2020-004
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM AMENDING CONDITIONAL USE PERMIT
NO. 2013-05702 AND VARIANCE NO. 2014-04989 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2017-00008)
(1220 SOUTH BROOKHURST STREET)
WHEREAS, on November 3, 2014, the Planning Commission of the City of
Anaheim (the "Planning Commission") adopted Resolution No. PC2014-097 to permit an
outdoor smoking lounge and restaurant within an existing commercial tenant space and
Variance No. 2014-04989 to permit fewer parking spaces than required by the Anaheim
Municipal Code (the "Code") on that certain real property located at 1220 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 Planning Commission did receive a verified petition for a
modification to Conditional Use Permit No. 2013-05702 (herein referred to as Conditional Use
Permit No. 2013-05702A) and Variance No. 2014-04989 (herein referred to as Variance No.
2014-04989A) to permit and retain an expansion of an indoor smoking lounge and an expansion
to the existing restaurant and smoking lounge (collectively, referred to as the "Proposed
Project"); and
WHEREAS, the Property is approximately 2.27 acres in size and is currently
developed with an existing neighborhood commercial center. The Anaheim General Plan
designates the Property for General Commercial land uses. The underlying zone of the Property
is the "C -GC" General Commercial Zone and the Brookhurst Commercial Corridor (BCC)
Overlay Zone, meaning that the Property is subject to the zoning and development standards
contained in Chapter 18.08 (Commercial Zone) and Chapter 18.22 (Brookhurst Commercial
Corridor Overlay Zone) of the Anaheim Municipal Code (the "Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 9, 2019 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
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project
and to investigate and make findings and recommendations in connection therewith, and the
hearing was continued to the January 6, March 2, March 16, March 30, and April 13, 2020
meetings; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California
Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to
as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead
agency" for the preparation and consideration of environmental documents for the Proposed
Project; and
- 1 - PC2020-004
WHEREAS, the Planning Commission find that the effects of the proposed project
are typical of those generated within the Class 1, Existing Facilities, Categorical Exemption.
Class 1 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. The proposed project is a request to permit an expansion to an
existing smoking lounge. As such, the proposed project meets the criteria for a Class 1
categorical exemption. Pursuant to Section 15300.02 (c) and 15301 of Title 14 of the California
Code of Regulations, there are no unusual circumstances in respect to the proposed project for
which staff would anticipate a significant effect on the environment and, therefore, the proposed
project is 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 pertaining to the request for an amendment to Conditional Use Permit No. 2014-
05734, does find and determine the following facts:
1. The request to permit the Proposed Project is properly one for which a conditional use
permit is authorized under subsection .010 of Section 18.08.030.010 of the Code.
2. 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 conditions of
approval contained herein will mitigate any potential impacts to surrounding residential
properties. These conditions require, among other things, a uniformed security guard to patrol
the premises, close the business at 2 a.m., and prohibit entertainment.
3. The size and shape of the site for the Proposed Project is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular area or
health and safety because the Proposed Project has been designed to comply with all Code
requirements, including building height, landscaping, and setbacks.
4. The size and shape of the site for the Proposed Project 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 Proposed Project complies
with all applicable development standards.
5. The granting of Conditional Use Permit No. 2014-05734B under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim
and will provide an integrated land use that is compatible with the surrounding area.
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 to amend Variance No. 2014-04989 to permit fewer
parking spaces than required by the Municipal Code, does find and determine the following
facts:
SECTION NO. 18.42.040.010 Minimum Number of Parking Spaces.
(292 spaces required; 120 spaces proposed)
1. The variance for the Property, under the conditions imposed, will not cause fewer
off-street parking spaces to be provided for the Property than the number of such spaces
necessary to accommodate all vehicles attributable to all uses at the Property under the normal
- 2 - PC2020-004
and reasonably foreseeable conditions of operation of such uses. The applicant submitted a
Parking Tabulation Worksheet to determine the center's actual parking demand for the smoking
lounge. Based on the study, approximately 19 to 55 parking spaces were available out of the
120 spaces on site; while other days of the week had 22 to 86 spaces available during the same
hours. Based on the information provided, there would be adequate on-site parking for the
Proposed Project.
2. The variance for the Property, under the conditions imposed, 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 and off-site parking will adequately accommodate the peak
parking demands of the use on the site;
3. The variance for the Property, under the conditions imposed, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the Property because the on-site parking will adequately accommodate peak parking
demands of the use on the site;
4. The variance for the Property, under the conditions imposed, will not increase
traffic congestion within the because the Property provides adequate ingress and egress points,
which are designed to allow for adequate on-site circulation; and
5. The variance for the Property, under the conditions imposed, will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity because the Property will provide 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 Property; and
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff
report and all materials in the project files. There is no substantial evidence, nor are there other
facts, that detract from the findings made in this Resolution. This Planning Commission
expressly declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby modify Conditional Use Permit No. No. 2013-05702A and
Variance No. 2014-04989A 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 that portion of the Property for which
Conditional Use Permit No. 2013-05702A and Variance No. 2014-04989A are applicable 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, (ii) the
modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
-3 - PC2020-004
BE IT FURTHER RESOLVED that, effective upon the date of this resolution
approving Conditional Use Permit No. 2013-05702A and Variance No. VAR2014-04989A, the
Revised Conditions of Approval hereby amend the Original Conditions of Approval in their
entirety. All references to the conditions of approval for the Original CUP and Variance
Permits, as amended by Conditional Use Permit No. 2013-05702A and Variance No. 2014-
04989A, shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit
B, which shall control and govern Conditional Use Permit No. 2013-05702A and Variance No.
VAR2014-04989A; and
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 13, 2020. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures
and may be replaced by a City Council Resolution in the event of an appeal.
i
CHAIfnyrRSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2020-004
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 April 13, 2020 by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
VADODARIA, WHITE
NOES: COMMISSIONERS: MULLEADY
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of April, 2020.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2020-004
EXHIBIT "A"
DEV NO. 2017-00008
W WELLINGTON CIRMTITI I W AVON C R
APN: 128-341-56
0
O LUZ
a 0
z W vOHI< CIR U
z
0
u
W ESSEXt1R
W BALL RD
134'
H �
cn
H
150'
]C N
V
I`
ca N
m
284'
-'L
J
Z
Q
W
2
0 50 lU0
Source: Recorded Tract Maps and/or City GIS.
rcoc Please note the accuracy is +/- two to five feet.
- 6 - PC2020-004
EXHIBIT "B"
REVISED CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 2013-05702A AND
VARIANCE NO. 2014-04989A
(DEV2017-00008)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO COMMENCEMENT OF THE USE
1
Complete a Burglary/Robbery Alarm Permit application, Form APD 516,
Police Department
and return it 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://www.anaheim.net/article.asp?id=678
2
File an updated Emergency Listing Card, Form APD -281, with the Police
Police Department
Department, 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
OPERATIONAL CONDITIONS
3
No required parking area shall be fenced or otherwise enclosed for
Police Department
outdoor storage.
4
All patrons between the ages of 18-21 shall wear a bright/neon colored
Police Department
wristband to easily discern they are under legal age to smoke. These
patrons are not to smoke or be served any tobacco product by this
establishment.
5
The applicant shall be responsible for maintaining the area adjacent to
Police Department
the premises over which they have control, in an orderly fashion through
the provision of regular maintenance and removal of trash or debris.
6
Petitioner shall provide at least one uniformed security guard on
Police Department
Thursday, Friday, and Saturday nights, from 9:00 p.m. to closing. The
security guard shall assist in enforcing parking and loitering on the
property.
7
A plan containing security measures shall be prepared by the applicant
Police Department
and submitted for approval to the Anaheim Police Department, which
shall include measures necessary to deter unlawful 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 premises.
8
Any and all security officers provided shall comply with all State and Local
Police Department
ordinances regulating their services, including, without limitation, Chapter
11.5 of Division 3 of the California Business and Profession Code.
- 7 - PC2020-004
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
9
There shall be no admission fee, cover charge, nor minimum purchase
Police Department
required.
10
The operation of any business under this permit shall not be in violation of
Police Department
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.
11
The permitted use at the Property shall not create sound levels which violate
Police Department
any ordinance of the City of Anaheim.
12
The business shall not be operated in such a way as to be detrimental to the
police Department
public health, safety or welfare.
13
The maximum occupancy/number of patrons shall not exceed the
occupancy limit for the premises established by the Anaheim Fire
Department and Building Division. Signs indicating the occupant load
Police Department
shall be posted in a conspicuous place on an approved sign near the main
exit from the room.
14
No persons under 18 years of age shall be permitted to enter and stay
police Department
within any area of the business premises where the smoking of tobacco
or other substances is allowed, including any outdoor seating area, and
signs shall be posted at the entrances to the patio area and the indoor
smoking lounge stating "No person under the age of 18 allowed."
15
The doors shall remain closed at all times, except during times of entry or
police Department
exit, emergencies and deliveries. If the applicant applies to the City for and
obtains an entertainment permit, entertainment must be contained in the
restaurant portion of the business only. There shall be no entertainment,
amplified music or dancing permitted in either the indoor or outdoor
smoking lounges.
16
There shall be no entertainment, amplified music or dancing permitted in
police Department
either the indoor or outdoor smoking lounges.
17
All hookah preparation shall be conducted wholly within the building.
police Department
Operation of outdoor barbeques or braziers or lighting coals shall not be
permitted.
18
All employees shall be clothed in such a way as to not expose "specified
police Department
anatomical areas" as described in Section 7.16.060 of the Anaheim
Municipal Code.
19
Any Graffiti painted or marked upon the premises or on any adjacent area
police Department
under the control of the owner or operator of the business premises shall
be removed or painted over within 24 hours of being applied.
20
The applicant shall monitor the area under their control in an effort to
planning Department,
prevent the loitering of persons about the premises.
Planning Services
Division
- 8 - PC2020-004
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
21
The area outdoors, including the unpermitted room at the southwest
Planning Department,
corner of the tenant space, shall be closed no later than 2:00 a.m. each
Planning Services
day. The Police Department retains the ability to review operations that
Division
pertain to the patio area/outdoor smoking lounge and make necessary
changes or modifications to operations if necessary.
22
The business shall be operated in accordance with the Letter of Request
Planning Department,
submitted as part of this application. Any changes to the business
Planning Services
operation, as described in that document, shall be subject to review and
Division
approval by the Planning Director to determine substantial conformance
with the Letter of Request to ensure compatibility with the surrounding
uses.
23
The parking lot shall be cleaned at the close of the business each night to
Planning Department,
ensure that trash and debris left by the smoking lounge patrons is
Planning Services
removed.
Division
24
No alcohol sales and/or consumption shall be permitted.
Fire Department
25Planning
The restaurant shall have a self-closing exterior door in order to restrict
Department,
Planning Services
the migration of tobacco smoke from the outdoor smoking lounge into
Division
the indoor restaurant.
26
Adequate ventilation shall be provided for the heating of coals in
Police Department
accordance with all requirements imposed by the Anaheim Fire
Department, or as otherwise required by state or federal laws.
27
Building shall be equipped with a comprehensive security alarm system
(silent or audible) for the following coverage areas:
• Perimeter building and access route protection.
• High valued storage areas.
Police Department
• Perimeter fence and security gating
28
Closed circuit television (CCTV) security cameras shall be provided and
Police Department
permanently maintained, with the following coverage areas:
• Building Entrances
• Parking lot
• Outdoor Lounge Area
• Cashier's area
• Manager's office covering safe
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. CCTV recordings should be kept for a minimum of 30 days
before recorded over. CCTV videotapes should not be recorded over
more than 10 times per tape. Use of digital recording equipment as an
alternative to videotape is encouraged.
- 9 - PC2020-004
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
29
Address numbers shall be positioned so as to be readily readable from
police Department
the street. Number should be illuminated during hours of darkness.
30
All exterior doors to have adequate security hardware, e.g. deadbolt
police Department
locks. Wide-angle peepholes or other viewing device shall be installed
in solid doors where natural surveillance is compromised.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.
GENERAL CONDITIONS
31
Any violation of the terms and conditions of Conditional Use Permit No.
planning Department,
2013-05702A and/or Variance No. 2014-04989A or these conditions,
planning Services
shall be sufficient grounds for revocation.
Division
32
Within 60 days of the date of approval, the applicant shall submit plans
planning Department,
and complete a Building Code analysis for occupancy changes and any
tenant improvements within the subject building. In addition, all proper
Code Enforcement and
building permits shall be obtained for the smoking lounge within 120
Building Divisions
days of the date of this approval. These timelines may be modified due
to an unforeseen hardship, such as a State of Emergency declaration by
the City, State, or Federal government, subject to review and approval by
the Planning Director.
33
This permit shall be subject to a noticed public hearing for modification
planning Department,
or revocation review by the Planning Commission in six (6) months,
Planning Services
commencing from the date of this approval. Planning Department staff
Division
will also report back to the Planning Commission as "Reports and
Recommendations" (R&R) items twelve (12) and eighteen (18) months
after the public hearing in order to verify that the business has been
operating in compliance with their conditions of approval. Future
compliance reviews may be required if significant violations are
identified in the future or a revocation hearing shall be scheduled by the
Planning Commission.
34
A three foot high solid wall and gate shall be installed between the
planning Department,
outdoor hookah area and the indoor hookah space at the southwest corner
of the tenant space. Food service shall not be allowed within any indoor
Planning Services
smoking lounge areas.
Division
35
Conditions of approval related to each of the timing milestones above shall
Planning Department,
be prominently displayed on plans submitted for permits. For example,
Planning Services
conditions of approval that are required to be complied with prior to the
Division
issuance of a building permit shall be provided on plans submitted for
building plan check. This requirement applies to grading permits, final
maps, street improvement plans, water and electrical plans, landscape
_10- PC2020-004
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
irrigation plans, security plans, parks and trail plans, and fire and life safety
plans, etc.
36
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
Division
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.
37
The Applicant shall defend, indemnify, and hold harmless the City and
Planning Department,
its officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees") from any and all claims,
Division
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.
38
The Property shall be developed substantially in accordance with plans
Planning Department,
and specifications submitted to the City of Anaheim by the applicant and
Planning Services
which plans are on file with the Planning Department and as conditioned
Division
herein.
- 11 - PC2020-004