Resolution-PC 2014-070RESOLUTION NO. PC2014 -070
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING VARIANCE NO. 2014 -04977 AND
CONDITIONAL USE PERMIT NO. 2014 -05727 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00012)
(198 WEST CERRITOS AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition to approve Variance No. 2014 -04977 to permit
fewer parking spaces than required by the Anaheim Municipal Code (the "Code ") and
Conditional Use Permit No. 2014 -05727 to permit an outdoor smoking lounge and service of
alcoholic beverages within an existing commercial tenant space (collectively referred to herein as
the "Proposed Project ") for that certain real property located at 198 West Cerritos 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 is currently developed with a commercial /industrial
business park on approximately 12.3- acres. The Anaheim General Plan designates the Property
for General Commercial land uses. The Property is located in the "C -G" (General Commercial)
Zone. The Property is also located within the South Anaheim Boulevard Corridor (SABC)
Overlay Zone, meaning that the regulations contained in Chapter 18.22 (South Anaheim
Boulevard Corridor (SABC) Overlay Zone) of the Code shall apply to the Property and shall
supersede any inconsistent regulations of the "CG" (General Commercial) Zone. As such, the
Property is subject to the zoning and development standards described in Chapter 18.08
(Commercial Zones) of the Anaheim Municipal Code (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,
which consist of the construction and location of limited numbers of new, small facilities or
structures. Section 15303 (New Construction or Conversion of Small Structures) of the State
CEQA Guidelines (commencing with Section 15000 of Title 14 of the California Code of
Regulations; herein referred to as the "State CEQA Guidelines ") provides examples of projects
that qualify for an exemption from the provisions of CEQA. The one example that is applicable
to the Proposed Project is for "up to four... commercial buildings [such as a restaurant or similar
structure] not exceeding 10,000 square feet in floor area on sites zoned for such use if not
involving the use of significant amounts of hazardous substances where all necessary public
services and facilities are available and the surrounding area is not environmentally sensitive."
The proposed project fits within that example and, therefore, pursuant to Section 15303 of the
State CEQA Guidelines, will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
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WHEREAS, on August 11, 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 Variance No. 2014 -04977 and Conditional Use
Permit No. 2014- 05727, 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 with respect to an outdoor smoking lounge and service of alcoholic
beverages within an existing commercial tenant space with fewer parking spaces than required
by the Zoning Code, does find and determine the following facts:
1. The proposed request to allow the outdoor smoking lounge and the sale and service of
alcoholic beverages within an existing restaurant within the "C -G" General Commercial
Zone and the South Anaheim Boulevard Corridor (SABC) Overlay Zone is properly one
for which a conditional use permit is authorized by subsection .010 of Section 18.08.030
(Uses) of the Code; and
2. The proposed conditional use permit to allow the outdoor smoking lounge and the
sale and service of alcoholic beverages within an existing restaurant , 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 and integrated with similar buildings and uses; and the peak operating
hours for the proposed outdoor smoking lounge and restaurant will occur during the
lowest parking demand of the adjacent businesses; and
3. The size and shape of the site for the use is adequate to allow the full development of
the site with the outdoor smoking lounge and the sale and service of alcoholic beverages
within an existing restaurant in a manner not detrimental to the particular area or to the
health and safety because the proposed expansion of the existing restaurant will be
located within an existing commercial building and is surrounded by compatible
commercial uses; and
4. The traffic generated by the proposed outdoor smoking lounge and the sale and
service of alcoholic beverages within an existing restaurant 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 occur after the highest peak afternoon
hours on the adjacent highways; 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 as the proposed
the outdoor smoking lounge and the sale and service of alcoholic beverages within an
existing restaurant will be compatible with the surrounding area because the use is
integrated with other uses on within the commercial center and is not a health or safety
risk to the citizens of the City of Anaheim.
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WHEREAS, the Planning Commission does further find and determine that the
request for a variance to permit less parking than required by the Code in conjunction with the
proposed outdoor smoking lounge in conjunction with an existing restaurant should be approved
for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(999 spaces required for the entire commercial
center; 499 spaces existing)
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 demand study was updated and
prepared by K2 Traffic Engineering, Inc. dated August 4, 2014, which concluded that the current
number of parking spaces within the commercial /industrial business park is sufficient to
accommodate all of the uses on the site, including the Proposed Project. The study concluded
that only 397 parking spaces is needed to serve the parking needs of the entire
commercial /industrial business park at peak parking demand times. A total of 499 spaces are
provided. Based on the updated parking analysis, the commercial /industrial business park
parking lot will not exceed 80 percent of the parking capacity when occupied during peak
parking demands created by the outdoor smoking lounge in conjunction with an existing
restaurant; 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 on -site parking within the commercial /industrial business park will not
increase or compete for on- street parking, since adequate parking is provided on -site to
accommodate the peak parking demands of the proposed outdoor smoking lounge in conjunction
with an existing restaurant 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. The outdoor smoking lounge in conjunction with an existing restaurant and all other
uses on the site generate a peak parking demand of 397 parking spaces, while 499 spaces are
available; 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 restaurant.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2014 -05727 and Variance No. 2014 - 04977,
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.
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 August 11, 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.
C AN, PLA OMMISSION
Olt THE CITY OF ANAlJJhM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 August 11, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: DALATI
ABSENT: COMMISSIONERS. AGARWAL, BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this I I" day of August, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00012
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Source: Recorded Tract Maps and/or City GIS.
eet Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05727
AND VARIANCE NO. 2014-04977
(DEV2014- 00012)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
WITHIN 90 DAYS OF APPROVAL OF THE CONDITIONAL USE PERMIT
1
The proper building permits shall be obtained for the
Planning Department, Code
unpermitted outdoor patio improvements and for the
Enforcement Division and
proposed enclosed hookah preparation area.
Building Division
PRIOR TO COMMENCEMENT OF THE USE
2
Complete a Burglary /Robbery Alarm Permit application,
Form APD 516, and return it to the Police Department prior
Police Department
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 /artiele.asp ?id =678
3
File an updated Emergency Listing Card, Form APD -281,
with the Police Department, available at the Police
Department front counter, or it can be downloaded from the
Police Department
following web site:
http: / /www.anaheim,net /article.asp ?id -678
OPERATIONAL CONDITIONS
4
No required parking area shall be fenced or otherwise
Planning Department,
enclosed for outdoor storage.
Code Enforcement
5
No alcohol sales and consumption shall be permitted within
Planning Department,
any portion of the outdoor smoking area, in compliance with
Code Enforcement
the Zoning Code.
6
The applicant shall be responsible for maintaining the area
Planning Department,
adjacent to the premises over which they have control, in an
Code Enforcement
orderly fashion through the provision of regular maintenance
and removal of trash or debris.
7
The applicant shall be responsible for removing trash and
Planning Department,
debris within all shared parking areas on a daily basis. The
Code Enforcement
parking lot shall be cleaned at the close of the business each
night.
8
Petitioner shall provide at least one uniformed security guard
on Friday, Saturday and Sunday nights, from 9:00 p.m. to
closing.
Police Department
9
Security measures shall be provided to the satisfaction of the
Anaheim Police Department to deter unlawful conduct of
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
employees and patrons, promote the safe and orderly
Police Department
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.
10
Any and all security officers provided shall comply with all
State and Local ordinances regulating their services, including,
without limitation, Chapter 11.5 of Division 3 of the California
Police Department
Business and Profession Code.
11
Petitioner(s) shall not require an admission/cover charge nor
shall there be a requirement to purchase a minimum number
of drinks.
Police Department
12
The operation of any business under this permit shall not be in
violation of any provision of the Anaheim Municipal Code,
State or County ordinances, rules or regulations, including but
Police Department
not limited to Section 6404.5 of the California Labor Code.
13
The sale of alcoholic beverages for consumption off-
Police Department
premises shall be prohibited.
14
The number of patrons at the business shall not exceed the
maximum occupancy load as determined by the Anaheim Fire
Department. Signs indicating the occupant load shall be posted
Police Department
in a conspicuous place on an approved sign near the main exit
from the room.
15
The doors shall remain closed at all times that entertainment is
permitted, except during times of entry or exit, emergencies
and deliveries. Entertainment must be contained in the
Police Department
restaurant portion of the business only. Outdoor entertainment
is prohibited.
16
The business shall not be operated in such a way as to be
Police Department
detrimental to the public health, safety or welfare.
17
The business shall not employ or permit any persons to solicit
or encourage others, directly or indirectly, to buy them drinks
in the licensed premises under any commission, percentage,
Police Department
salary, or other profit - sharing plan, scheme or conspiracy.
(Section 24200.5 Alcoholic Beverage Control Act)
18
Petitioner(s) shall police the area under their control in an
Police Department
effort to prevent the loitering of persons about the premises.
19
Petitioner shall not share any profits, or pay any percentage
or commission to a promoter or any other person, based upon
monies collected as a door charge, cover charge, or any other
Police Department
form of admission charge, including minimum drink orders,
or the sale of drinks.
20
There shall be no exterior advertising of any kind or type,
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic
Police Department
beverages.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
21
All employees shall be clothed in such a way as to not expose
"specified anatomical areas" as described in Section 7.16.060
of the Anaheim Municipal Code.
Police Department
22
Managers / Owners will need to call the Department of
Alcoholic Beverage Control and obtain LEAD (Licensee
Education on Alcohol and Drugs Program) Training for
Police Department
themselves and service employees. The contact number is
714 -558 -4101.
23
The interior restaurant shall be maintained as a bona fide
restaurant at all times it is open for business. The restaurant
shall provide a menu containing an assortment of foods
Police Department
normally offered in such restaurant. No smoking of any
tobacco products shall be permitted within the restaurant.
Signs prohibiting smoking of tobacco products within the
restaurant shall be installed and maintained at entry points to
the restaurant advising patrons that smoking is prohibited
within the restaurant, including any area used for the
preparation of food.
24
The applicant shall install a self - closing door as determined
appropriate by the Building Official, at the doorway between
Planning Department,
the enclosed restaurant and the outdoor smoking lounge to
Building Division
prevent smoke from the outdoor smoking lounge from
migrating into the enclosed restaurant. 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 in the outdoor smoking
lounge.
25
That subject alcoholic beverage license shall not be
exchanged for a public premise (bar) type license nor shall
the establishment be operated as a public premise as defined
Police Department
in Section 23039 of the Business and Professions Code.
26
Any Graffiti painted or marked upon the premises or on any
adjacent area under the control of the licensee shall be
removed or painted over within 24 hours of being applied.
Police Department
27
Adequate ventilation shall be provided for the heating of
coals in accordance with all requirements imposed by the
Fire Department
Anaheim Fire Department, or as otherwise required by state
or federal laws.
28
No alcoholic beverages are allowed in the patio area. Signs
"No
Police Department
stating alcohol past this point" shall be posted near all
exits from the restaurant to the patio.
29
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.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
30
All business related activities shall be conducted wholly
within the building. Operation of outdoor barbeques or
braziers or lighting coals shall not be permitted.
Police Department
31
No window coverings shall prevent visibility of the interior
of the tenant space from outside the premises during
operating hours. Any proposed window tint shall be
Police Department
approved in advance by the Anaheim Police Department.
32
No persons under 18 years of age shall be permitted within
any area of the business premises where the smoking of
tobacco or other substances is allowed including any outdoor
Police Department
seating area, and signs shall be posted at the entrances to the
patio area stating "No person under the age of 18 allowed
beyond this point."
3 -3
The applicant shall install a pedestrian gate at the northeast
Planning Department,
corner of the outdoor smoking area to provide direct access
to the outdoor smoking lounge from the parking lot sidewalk.
Code Enforcement
34
The business shall be operated in accordance with the Letter
of Request and Parking Demand Analysis submitted as part
Planning Department,
of this application. Any changes to the business operation as
Planning Services Division
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.
GENERAL CONDITIONS
35
Any violation of the application, or any attached conditions,
Police Department
shall be sufficient grounds to revoke the pen
36
Conditions of approval related to each of the timing milestones
above shall be prominently displayed on plans submitted for
Planning Department,
permits. For example, conditions of approval that are required
planning Services Division
to be complied with prior to the issuance of building permits
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
irrigation plans, security plans, parks and trail plans, and fire
and life safety plans, etc.
37
The applicant is responsible for paying all charges related to
the processing of this discretionary case application within 30
Planning Department,
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
38
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.
39
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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