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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