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Resolution-PC 2014-114OLUTION NO. PC2014 -114 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014 -05743 AND VARIANCE NO. 2014 -04981 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00065) (5773 EAST SANTA ANA CANYON ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition to approve (i) Conditional Use Permit No. 2014- 05743 to permit and retain an indoor cigar smoking lounge within 200 feet of residential properties and within 1,000 feet from a school, and (ii) Variance No. 2014 -04981 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code ") (collectively referred to herein as the "Proposed Project ") for premises located at that certain real property at 5773 East Santa Ana Canyon Road in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the 'Property "); and WHEREAS, the Property is approximately 15.1 acres in size and is currently developed with a commercial center. The Anaheim General Plan designates the Property for Neighborhood Center Commercial land uses. The Property is located in the "C -G" General Commercial Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply to the Property and shall supersede any inconsistent regulations of the "C- G" General Commercial Zone. The Proposed Project is not inconsistent with any regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the repair, maintenance, and /or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, on December 15, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2014 -05743 and Variance No. 2014- 04981, and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2014 -114 WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to an indoor smoking lounge within a commercial center with fewer parking spaces than required by the Zoning Code, does find and determine the following facts with respect to Conditional Use Permit No. 2014- 05743: 1. The proposed conditional use permit request to permit an indoor smoking lounge within an existing cigar shop is properly one for which a conditional use permit is authorized under the classes of allowable uses set forth in Table 8 -A as Smoking Lounge, as referenced in paragraph .0402 of Section 18.08.030 of the Code. 2. The proposed conditional use permit to permit an indoor smoking lounge, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by compatible buildings and uses; and, the smoking lounge would be located within an existing cigar shop with no adverse effects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the indoor smoking lounge in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing commercial center that is surrounded by other commercial uses. 4. The traffic generated by the indoor smoking lounge will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding commercial center and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to allow less parking than required by the Code in conjunction with the proposed indoor smoking lounge should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (1,168 spaces required for the entire commercial center; 866 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. A parking justification letter was prepared by the applicant, determining that the current number of parking spaces within the commercial center property is sufficient to accommodate the uses on the site including the indoor smoking lounge; -2- PC2014 -114 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking will adequately accommodate the peak parking demands of the proposed indoor smoking lounge and the commercial uses on the site; 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on -site parking for the cigar shop will adequately accommodate peak parking demands of all uses on the site; 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on -site circulation; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the indoor smoking lounge. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014 -05743 and Variance No. 2014 - 04981, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -3 - PC2014 -114 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 15, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. — 6L o r�� (V-r CHA MAN, "IN G COMMISSION QD-EA CITY OF AHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 15, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of December, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -114 EXHIBIT "A" DEV NO. 2014 -00065 I APN: 358- 191-12 E� 'Cz 6g`t Z D v O d � � W N O tA �CC C � 1,060 RD p�t4N CNTA C � SP 3 x J f3' � W in Vf W J a 0 S0 10G Source: Recorded Tract Maps and/or City GI S. Feet Please note the accuracy is +f- two to five feet- -5- PC2014 -114 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2014-05743 AND VARIANCE NO. 2014-04981 (DEV2014- 00065) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The doors to the cigar shop shall remain closed when Planning Department, patrons are utilizing the indoor smoking lounge. Planning Services Division 2 The applicant shall be responsible for maintaining the area Planning Department, adjacent to the premises over which they have control, in an orderly fashion through the provision of regular Code Enforcement maintenance and removal of trash or debris. 3 No required parking area shall be fenced or otherwise Planning Department, enclosed for outdoor storage. Code Enforcement 4 The operation of any business under this permit shall not be in Police Department violation of any provision of the Anaheim Municipal Code, State or County ordinances, rules or regulations, including but not limited to Section 6404.5 of the California Labor Code. 5 The number of patrons at the business shall not exceed the Police Department maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. 6 The business shall be operated in accordance with the Letter of Request and Parking Justification Letter submitted as part Planning Department, of this application. Any changes to the business operation Planning Services Division as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and Parking Justification Letter and to ensure compatibility with the surrounding uses. 7 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be Police Department removed or painted over within 24 hours of being applied. 8 Adequate ventilation shall be provided within the smoking lounge in accordance with all requirements imposed by the Fire Department Anaheim Fire Department, or as otherwise required by state or federal laws. -6- PC2014 -114 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 The maximum occupancy shall not exceed the occupancy Fire Department, Building limit for the premises established by the Anaheim Fire Division, Code Enforcement Department and Building Division. 10 All business related activities shall be conducted wholly within the building. Police Department GENERAL CONDITIONS 11 The applicant is responsible for paying all charges related to the processing of this discretionary case application within Planning Department, 30 days of the issuance of the final invoice or prior to the Planning Services Division issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 12 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents Planning Department, (collectively referred to individually and collectively as "Indemnitees ") Planning Services Division from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 13 The Property shall be developed substantially in accordance Planning Department, with plans and specifications submitted to the City of Planning Services Division Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. -7- PC2014 -114