Loading...
Resolution-PC 2014-097RESOLUTION NO. PC2014 -097 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2013 -05702 AND VARIANCE NO, 2014 -04989 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00103) (1220 SOUTH BROOKHURST STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified petition to approve Conditional Use Permit No. 2013 -05702 to permit an outdoor smoking lounge 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 ") (collectively referred to herein as the "Proposed Project ") at 1220 South Brookhurst Street in the City of Anaheim, County of Orange, State of California, the location of which commercial center is 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 2.27 acres, is developed with a commercial center. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located in the "CG" General Commercial Zone, meaning that the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code. The Property is also located within the Brookhurst Commercial Corridor (BCC) Overlay Zone, meaning that the regulations contained in Chapter 18.22 ( Brookhurst Commercial Corridor (BCC) Overlay Zone) of the Code shall apply to the Property and shall supersede any inconsistent regulations of the "CG" General Commercial Zone; 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 (Existing Facilities) 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 November 3, 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. 2013 -05702 and Variance No. 2014 - 04989, 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 Conditional Use Permit No. 2013 -05702 and Variance No. 2014- 04989, does find and determine the following facts: - I - PC2014 -097 1. The proposed request to allow an indoor and outdoor smoking lounge in conjunction with an existing restaurant within the "C -G" General Commercial Zone and the Brookhurst Commercial Corridor (BCC) 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 indoor and outdoor smoking lounges in conjunction with an existing restaurant, as conditioned herein, would not adversely affect the adjoining land uses or the growth and development of the area in which those uses are 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 smoking lounges and restaurant would occur during the lowest parking demand of the adjacent businesses; and 3. The size and shape of the site for the uses is adequate to allow the full development of the site with the indoor and outdoor smoking lounges in conjunction with 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 would be located within an existing commercial building and is surrounded by compatible commercial uses; and 4. The traffic generated by the proposed indoor and outdoor smoking lounges in conjunction with 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 indoor and outdoor smoking lounges in conjunction with an existing restaurant, under the conditions imposed, will be compatible with the surrounding area because the use is integrated with other uses within the commercial center and is not 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 permit less parking than required by the Code in conjunction with the proposed indoor and outdoor smoking lounges in conjunction with an existing restaurant should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of ap rking spaces. (199 spaces required for the entire commercial center; 120 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 total of 120 spaces are provided. The majority of the commercial businesses are not occupied during peak parking demands created by the indoor and outdoor smoking lounges in conjunction with an existing restaurant; and -2- PC2014 -097 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 center 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 indoor and outdoor smoking lounges 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 indoor and outdoor smoking lounges in conjunction with an existing restaurant and all other uses on the site generate a peak parking demand of 199 parking spaces, while 120 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve and Conditional Use Permit No. 2013 -05702 and Variance No. 2014 - 04989, 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 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. -3 - PC2014 -097 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 regular meeting of the Planning Commission held on November 3, 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. CHAIRMAN PRO- TEMPORE, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 regular meeting of the Planning Commission of the City of Anaheim held on November 3, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: CALDWELL, DALATI, LIEBERMAN, RAMIREZ NOES: COMMISSIONERS: BOSTWICK ABSENT: COMMISSIONERS: AGARWAL, SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 3 rd day of November, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -097 1 X1:4 :11114 N W. m DEV NO. 2013 -00103 W WELLINGTON CIR 44 AVON C R APN: 128 - 341 -56 Mim cc z W a > 01: z WYORKCIR U c � O U W ESSEX CIR W BALL RD 134' H ° H H 150' 2 Y O ^ N N m 284' z J Z Q W Z N �O Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 5 - PC2014 -097 EXHIBIT "B" VARIANCE NO. 2014-04989 CONDITIONAL USE PERMIT NO. 2013-05702 (DEV2013- 00103) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 120 DAYS OFAPPR0VAL OF THE CONDITIONAL USE PERMIT 1 Building permits shall be obtained for any tenant improvements proposed Planning as part of this project including improvements related to the outdoor Department, Code seating and sidewalk areas. Enforcement Division and 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 to initial alarm activation. Police Department 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 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 following web site: Police Department http : / /www.anaheim,net /article.asp ?id =678 OPERATIONAL CONDITIONS 4 No required parking area shall be fenced or otherwise enclosed for Planning outdoor storage. Department, Code Enforcement 5 The applicant shall be responsible for maintaining the area adjacent to the Planning premises over which they have control, in an orderly fashion through the Department, provision of regular maintenance and removal of trash or debris. Code Enforcement 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. 7 A plan containing security measures shall be prepared by the applicant and submitted for approval to the Anaheim Police Department, which shall include measures necessary to deter unlawful conduct of employees Police Department 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. 9 There shall be no admission fee, cover charge, nor minimum purchase Police Department required. -6- PC2014 -097 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 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 not limited to Section 6404.5 of the Police Department California Labor Code. 11 The permitted use at the Property shall not create sound levels which violate any ordinance of the City of Anaheim. Police Department 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 Fire Department, occupancy limit for the premises established by the Anaheim Fire Building Division, Department and Building Division. Signs indicating the occupant load shall Code be posted in a conspicuous place on an approved sign near the main exit Enforcement, from the room. Police Department 14 No persons under 18 years of age shall be permitted to enter and stay within any area of the business premises where the smoking of tobacco or other substances is allowed, including any outdoor seating area, and signs Police Department 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 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 normally offered in such restaurant. No smoking of any tobacco products shall be permitted within the restaurant. Signs Police Department 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. 16 The doors shall remain closed at all times, except during times of entry or exit, emergencies and deliveries. If the applicant applies to the City for and obtains an entertainment permit, entertainment must be contained in the Police Department restaurant portion of the business only. There shall be no entertainment, amplified music or dancing permitted in either the indoor or outdoor smoking lounges. 17 All hookah preparation shall be conducted wholly within the building. Operation of outdoor barbeques or braziers or lighting coals shall not be permitted. Police Department 18 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 19 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the owner or operator of the business premises shall be removed or painted over within 24 hours of being applied. Police Department 20 The applicant shall monitor the area under their control in an effort to Police Department prevent the loitering of persons about the premises. 21 The patio area/outdoor smoking lounge shall be closed no later than 2:00 a.m. each day. The Police Department retains the ability to review Police Department operations that pertain to the patio area/outdoor smoking lounge and make 1 11 -7- PC2014 -097 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT necessary changes or modifications to operations if necessary. 22 The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business Planning operation, as described in that document, shall be subject to review and Department, approval by the Planning Director to determine substantial conformance Planning Services with the Letter of Request to ensure compatibility with the surrounding Division uses. 23 The parking lot shall be cleaned at the close of the business each night to Planning ensure that trash and debris left by the smoking lounge patrons is Department, removed. Planning Services Division 24 Planning No alcohol sales and consumption shall be permitted within any portion of Department, the indoor and /or outdoor smoking areas. Planning Services Division 25 The restaurant shall have a self - closing exterior door in order to restrict Planning Department, the migration of tobacco smoke from the outdoor smoking lounge into the planning Services indoor restaurant. Division 26 Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Anaheim Fire Fire Department Department, or as otherwise required by state or federal laws. GENERAL CONDITIONS 27 Any violation of the terms and conditions of Conditional Use Permit No. police Department 2013 -05702 and /or Variance No. 2014 -04989 or these conditions, shall be sufficient grounds for revocation. 28 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, Planning conditions of approval that are required to be complied with prior to the Department, issuance of a building permit shall be provided on plans submitted for planning Services building plan check. This requirement applies to grading permits, final Division maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 29 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the Planning issuance of the final invoice or prior to the issuance of building permits Department, for this project, whichever occurs first. Failure to pay all charges shall planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. -8- PC2014 -097 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 30 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to Planning individually and collectively as "Indemnitees ") from any and all claims, Department, actions or proceedings brought against Indemnitees to attack, review, set Planning Services aside, void, or annul the decision of the Indemnitees concerning this Division 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. 31 The Property shall be developed substantially in accordance with plans Planning and specifications submitted to the City of Anaheim by the applicant and Department, which plans are on file with the Planning Department and as conditioned Planning Services herein. Division -9- PC2014 -097