Resolution-PC 2014-006RESOLUTION NO. PC2014 -006
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2013 -05694 AND VARIANCE NO. 2013 -04954
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00094)
(1112 NORTH 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 -05694 and Variance No. 2013 -04954 to permit a smoking lounge within an existing
commercial tenant space located less than 200 feet from a residential zone and less than 1,000
feet of a school with less parking than required by the Anaheim Municipal Code (the "Code ").
for that certain real property located at 1112 North 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 .90 acres, is developed with a
10,566 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 General Commercial 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
Code to hear and consider evidence for and against proposed Conditional Use Permit No. 2013-
05694 and Variance No. 2013 -04954 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 smoking lounge, has determined
that Conditional Use Permit No. 2013 -05694 should be approved for the following reasons, does
find and determine the following facts:
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1. The proposed request to permit a smoking lounge within an existing commercial
retail building in the Commercial General (C -G) Brookhurst Corridor Overlay (BCC) 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 a 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 all activities will be required to be conducted inside the building and the hours of
operation will be limited through conditions of approval in order to reduce potential impacts on
adjacent commercial and 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 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 parking spaces.
(101 spaces required; 58 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 a parking demand analysis was prepared by the applicant
dated January 8, 2014, determining that the current number of parking spaces within the commercial
property is sufficient to accommodate all of the uses on the site including the new smoking lounge.
The parking demand analysis indicates that the peak period of smoking lounge use occurs in the late
evening when the peak parking demand is the lowest in the commercial center. The smoking lounge
will operate simultaneously with other uses on the site between 6 p.m. and 12:00 a.m. The existing
businesses on the property operate generally seven days per week between 6:00 a.m. and 12:00 a.m.
The applicant conducted parking counts of the parking lot area between Monday, August 19 and
Saturday, August 31, 2013 to determine the number of parking spaces available throughout the day and
the overlap period. It was determined that the highest daytime peak parking demand occurs between
the hours of 1:00 p.m. and 5:00, when 25 spaces were occupied. The highest nighttime peak parking
demand occurs between 6:00 p.m. and 9:00 p.m., when 16 parking spaces were occupied. The
applicant indicates that a maximum peak demand generated by the smoking lounge between 6:00 p.m.
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and 9:00 p.m. would be 15 spaces for a total parking demand of 31 spaces for the overall site. Between
9 p.m. and 12:00 a.m. the peak demand for the site drops down to 5 spaces. The smoking lounge's
parking demand during this time is expected to be 40 spaces and 5 spaces for the other uses and 58 are
provided. The smoking lounge's peak demand is based on a 2 to 3 person per car ratio based on the
applicant's experience with other smoking lounge's and as a pervious operator of smoking lounge in
Anaheim. Staff visited the site on Monday, December 30, 2013 between the hours of 6 p.m. and 7
p.m. and observed a maximum of 26 parked cars. A second visit was conducted on Tuesday,
December 31, 2013 between the same hours and a maximum of 33 cars were observed on the site. A
third visit was conducted during the same hours on Saturday, January 4, 2013 and up to 35 cars were
observed on the site. While staff's observations showed a higher parking demand than those observed
by the applicant, staff believes that ample parking will be available based on the differences in the
hours of the proposed use and those of other businesses in the center; 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 parking within the commercial retail property will
adequately accommodate the peak parking demands of the proposed smoking lounge 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 smoking lounge will adequately
accommodate peak parking demands of all uses on the site. The smoking lounge generates a its
highest peak parking demand of 40 spaces after 9:00 p.m. when the parking demand for the
other businesses on the property is least; 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
smoking lounge.
3 - PC2014 -006
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2013 -05694 and Variance No. 2013 - 04954, 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 riming 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.
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.
U &b
CHAIR, ANAHEIM CITY PL ING COMMISSION
ATTEST:
SECRETARY, ANA14EIM CITY PLANNING COMMISSION
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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 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 1P day of January, 2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT " A "
DEV NO. 2013 -00094
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-6- PC2014 -006
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2013-05694 AND VARIANCE NO. 2013-04954
(DEV2013- 00094)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
PRIOR TO COMMENCEMENT OF THE BUSINESS
PRIOR TO FINAL OCCUPANCY
1
The premises shall be equipped with a comprehensive
security alarm system (silent or audible) for the
Police
following coverage areas: perimeter building and access
Department
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:
hitp://www.anaheim.net/article.q§p
2
Closed circuit television (CCTV) security cameras shall
be installed with the following coverage areas: building
Police
interior entrance and exterior entrance, parking lot;
Department
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.
3
Address numbers shall be positioned so as to be readily
readable from the street. Numbers should be illuminated
Police
during hours of darkness.
Department
4
All exterior doors to have adequate security hardware,
e.g. deadbolt locks. Wide -angle peepholes or other
Police
viewing device should be installed in solid doors where
Department
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.
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
5
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.
6
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
person on or about the premises during the hours of
Police
darkness and provide a safe, secure environment for all
Department
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.
PRIOR TO ISSUANCE OFA BUILDING PERMIT
7
The existing landscaped planters and setback areas
Planning
throughout the site shall be refurbished to include
Department
evergreen, ground covers, shrubs and trees as approved
by Planning Staff. The new proposed landscaped
planters shall incorporate evergreen, ground covers,
shrubs and trees as approved by Planning Staff. All
broken curbing shall be repaired per City Standards.
Landscape and irrigation plans shall be submitted for
review and approval by Planning Staff.
8
The parking lot areas shall be re- slurried and re- striped
Planning
per the submitted site plan in accordance with City
Department
Standard Detail No. 470 (attached). Disabled parking
spaces shall be provided in accordance with the
Americans with Disabilities Act and City Standard Detail
No. 436 -G (attached).
9
The trash enclosure walls and doors shall be repainted
Planning
and properly maintained and shall incorporate creeping
Department
vines an all sides to deter graffiti.
10
The project shall comply with the requirements of an A
Fire
Occupancy as outlined in the 2010 California Building
Department
Code.
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
11
The project shall also comply with all City standards and
Fire
specifications for smoking lounges.
Department
GENERAL CONDITIONS
12
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
13
No required parking area shall be fenced or otherwise
Planning
enclosed for outdoor storage.
Department
14
All activities related to the use shall occur indoors,
Planning
except as may be permitted by an authorized Special
Department
Event Permit.
15
No alcoholic beverages shall be sold or consumed on the
Planning
premises.
Department,
Police
Department
16
There shall be no admission fee, cover charge, nor
Planning
minimum purchase required.
Department,
Police
Department
17
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
Entertainment Permit is first obtained by the business
Police
owner.
Department
18
All business related activities shall be conducted wholly
Planning
within the building. Operation of outdoor barbeques or
Department,
braziers or lighting coals shall not be permitted.
Police
Department
19
No window coverings shall prevent visibility of the
Planning
interior of the tenant space from outside the premises
Department,
during operating hours. Any proposed window tint shall
be approved in advance by the Anaheim Police
Police
Department.
Department
20
No persons under 18 years of age shall be permitted
within any area of the business premises where the
Planning
smoking of tobacco or other substances is allowed
Department,
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
including any outdoor seating area, and a sign shall be
posted at the entrance stating "No one under the age of
Police
18 allowed."
Department
21
The interior of the business shall be maintained with
Planning
adequate illumination to make the conduct of patrons
Department,
within the premises readily discernible to persons of
Police
normal visual acuity.
Department
22
No amusement devices shall be permitted anywhere
Planning
within the business unless proper permits for such
Department,
devices are first obtained from the Planning Department.
Police
Department
23
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
24
The occupancy shall not exceed the lesser of (i) the
occupancy limit for the premises established by the
Planning
Anaheim Fire Department or (ii) an occupancy limit
Department,
established as a condition of the permit approved
Police
pursuant to this chapter, or any zone variance issued
Department
pursuant to Title 18 of this Code.
25
The activities occurring in conjunction with the operation
of this establishment shall not cause noise disturbance to
Planning
surrounding properties. All east - facing exterior doors
Department,
shall remain closed at all times, except as required for
Police
maintenance or emergency access.
Department
26
Any violation of the application, or any attached
Planning
g
conditions, shall be sufficient grounds to revoke the
Department,
permit. (Section 18.16.040 Anaheim Municipal Code)
Police
Department
27
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
California Business and Profession Code.
Police
Department
28
The business shall be owner - operated or otherwise
exempt from the prohibition of smoking in the workplace
Planning
set forth in California Labor Code Section 6404.5
Department,
_10- PC2014 -006
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
Police
Department
29
The rear access doors shall remain closed at all times and
Access to the rear walkway behind the business shall be
Planning
restricted to employees and for emergency use only.
Department,
Signs indicating "Emergency Exit Only" shall be
included on the interior of the rear doors as required by
Police
any other applicable codes /city agencies.
Department
30
The subject property shall be operated as a "tobacco
shop" and a "smokers' lounge ", as those terms are
Planning
defined in Section 6404.5(d)(4) of the California Labor
Department
Code. Specifically, the smokers' lounge at the subject
property shall at all times be an enclosed area in or
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.
31
The service and consumption of food or beverages in the
Planning
tobacco shop and smokers' lounge shall be prohibited.
Department
32
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.
33
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
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
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.
34
The smoking lounge shall be operated in accordance
Planning
with the Letter of Request and Parking Demand Analysis
Department,
submitted as part of this application. Any changes to the
business operation as described in the Letter of Request
Police
and Parking Demand Analysis shall be subject to review
Department
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 smoking lounge are limited to 6:00 p.m.
to 2:00 a.m., seven days per week. The hours of
operation may be modified subject to prior review and
approval by the Planning Director.
35
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.
36
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 and Floor Plan).
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