Resolution-PC 2020-018RESOLUTION NO. PC2020-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2019-06047 AND VARIANCE NO. 2020-05137
AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2019-00165)
(2780 WEST BALL ROAD)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the
"Planning Commission"), did receive a verified petition for Conditional Use Permit No. 2019-
06047 to permit a smoking lounge within an existing commercial tenant space located less than
200 feet from a residential zone and 1,000 feet from a school, and Variance No. 2020-05137 to
permit less parking spaces than required by the Anaheim Municipal Code (herein referred to as
the "Proposed Project"), on that certain real property located at 2780 West Ball Road in the City
of Anaheim, generally depicted on the map attached hereto as Exhibit A and incorporated herein
by this reference (the "Property"); and
WHEREAS, the Property is approximately 0.57 -acres in size and is developed with two
commercial buildings. The Property is located within the "C -G" General Commercial Zone and
is subject to the zoning and development standards contained in Chapter 18.08 (Commercial
Zones) of the Anaheim Municipal Code ("Code"). The Anaheim General Plan designates the
Property for Medium Density Residential land uses; and
WHEREAS, on March 16, 2020, 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 as
required by Chapter 18.60 of the Code, to hear and consider evidence for and against proposed
Conditional Use Permit No. 2019-06047 and Variance No. 2020-05137, and to investigate and
make findings and recommendations in connection therewith, and this item was continued to the
March 30, 2020, April 13, 2020, and May 11, 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
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 a smoking lounge in an existing commercial building. 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
- I - PC2020-018
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 Conditional Use Permit No. 2019-06047, does find and
detennine the following facts:
1. The request to permit a smoking lounge within an existing commercial building in
the C -G 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.
2. The Proposed Project, 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 separated between the smoking lounge and residential uses
by an adjacent restaurant and parking lot, an existing outdoor smoking area at the east end of the
restaurant will be removed, and the hours of operation will be limited through conditions of
approval in order to reduce potential impacts on adjacent residential properties.
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 building and no expansion is proposed.
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.
5. The granting of Conditional Use Pen -nit No. 2019-06047 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
(47 spaces required; 30 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 and reasonably
foreseeable conditions of operation of such uses. The applicant submitted a parking justification
letter and parking demand analysis of another smoking lounge operate by the saine business owner
located in the City of Cypress, Odyssey Hookah Lounge. Odyssey Hookah Lounge is a 2,500
square foot tenant space with 35 parking spaces that operates daily from 3:00 p.m. to 2:00 a.m.
The business owner conducted a parking demand analysis and identified that 23 parking spaces
were occupied during the peak hours of 9:00 p.m. to 11:00 p.m. for Odyssey Hookah Lounge.
Based on this parking demand, the business owner detennined that the parking requirement at peak
hours of operation is approximately one parking space per 108 square feet. By applying this
parking ratio, the applicant anticipates that 13 parking spaces would be needed for the proposed
smoking lounge. In addition, the business owner estimates that a total of 10 spaces would be
needed for the adjacent restaurant based on the limited customer capacity both in the indoor and
- 2 - PC2020-018
outdoor seating provided. The parking demand indicates that the adjacent spa would only require
a maximum of 4 spaces during their normal hours of operation. Therefore, the parking demand for
all uses on-site, including the proposed smoking lounge, is estimated to be 27 spaces and 30 spaces
are provided.
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 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, spa facility and
restaurant 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 smoking
lounge.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby
approve Conditional Use Permit No. 2019-06016 and Variance No. 2020-05137 at the Property,
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, (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 Conditional Use Permit No. 2019-06016 and Variance
No. 2020-05137 is approved without limitations on the duration of the use. Amendments,
modifications and revocations of this permit may be processed in accordance with Chapters
18.60.190 (Amendment of Permit Approval) and 18.60.200 (City -Initiated Revocation or
Modification of Permits) of the Code.
-3 - PC2020-018
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2019-06016
and Variance No. 2020-05137 constitutes approval of the proposed request only to the extent that
it complies with the Zoning Code of the City of Anaheim 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.
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 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 findings hereinabove set forth.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 11, 2020. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of
the City Council in the event of an appeal.
CHAIRPER N P MPORE,
PLANNIN COMMISSION OF THE
CITY OF ANAHEIM
ATTEST:
S
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2020-018
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 May 11, 2020, by the following vote of the members
thereof.
AYES: COMMISSIONERS: ARMSTRONG, KEYS, MEEKS, MULLEADY,
VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LIEBERMAN
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of May, 2020.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2020-018
EXHIBIT "A"
DEV NO. 2019-00165
APN: 126-310-29
W BALL RD
U.1 146'
Q
W
J
Q �
O C,t
N 146' Z
O
a
x
N
h
W RAVENSWOOD DR
STANTON
LOLA AVE
0 50 100 Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
- 6 - PC2020-018
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2019-06047 AND
VARIANCE NO. 2020-05137
(DEV2019-00165)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
GENERAL CONDITIONS
1
The applicant must adhere to California Labor Code Section 6404.5.
Police Department
2
The business shall be owner -operated or otherwise exempt from the
Police Department
prohibition of smoking in the workplace set forth in California Labor
Code Section 6404.5.
3
Security measures shall be provided to the satisfaction of the Anaheim
Police Department
Police Department 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.
4
Any and all security officers provided shall comply with all State and
Police Department
Local ordinances regulating their services, including, without limitation,
Chapter 11.5 of Division 3 of the California Business and Profession
Code.
5
The business shall not be operated in such a way as to be detrimental to
Police Department
the public health, safety or welfare.
6
Any graffiti painted or marked upon the premises or on any adjacent
Police Department
area under the control of the licensee shall be removed or painted over
within 24 hours of being applied.
7
No alcoholic beverages shall be sold or consumed on the smoking
Police Department
lounge premises.
8
There shall be no admission fee, cover charge, nor minimum purchase
Police Department
required.
9
There shall be no entertainment, amplified music or dancing permitted
Police Department
on the smoking lounge premises, or within any outdoor areas.
10
Operation of outdoor barbeques or braziers or lighting coals shall not
Police Department
be permitted.
- 7 - PC2020-018
NO.
CONDITIONS OF APPROVAL
REVIEW BY
11
No window coverings shall prevent visibility of the interior of the
Police Department
tenant space from outside the premises during operating hours. Any
proposed window tinting shall be approved in advance by the
Anaheim Police Department.
12
No persons under 21 years of age shall be permitted within the
Police Department
business premises where the smoking of tobacco or other substances
is allowed. A sign shall be posted at the entrance stating, "No one
under 21 allowed."
13
The interior of the business shall be maintained with adequate
Police Department
illumination to make the conduct of patrons within the premises
readily discernible to persons of normal visual acuity.
14
No amusement devices shall be permitted anywhere within the
Police Department
business.
15
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.
16
Hours of operation shall be limited to 2:00 a.m. every day.
Police Department
17
The activities occurring in conjunction with the operation of this
Police Department
establishment shall not cause noise disturbance to surrounding
properties.
18
Any violation of the application, or any attached conditions, shall be
Police Department
sufficient grounds to revoke the permit.
19
The number of persons in attendance shall not exceed the maximum
Police Department
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. (Section 25.114(a)
Uniform Fire Code).
20
Petitioner shall provide at least one uniformed security guard on
Police Department
Thursday, Friday, and Saturday nights, from 9:00 p.m. to closing.
21
All outdoor patios shall close at 10:00 p.m. Sunday through Thursday
Police Department
and 12 midnight Friday and Saturday because of the close proximity
to residential uses.
22
The hookah shall follow all regulations set forth in the A.M.C.
Police Department
pertaining to hookah establislunents.
- 8 - PC2020-018
NO.
CONDITIONS OF APPROVAL
REVIEW BY
23
The Applicant shall obtain, and maintain in full force and effect, a
Planning and
separate business license for the hookah and restaurant businesses
Building Department,
from the City of Anaheim for such business. (A.M.C. Section
3.04.050).
Planning Services
Division
24
The facility shall comply with the occupancy requirements of the
Planning and
Building and Fire Codes in the Anaheim Municipal Code.
Building Department,
Planning Services
Division
25
The applicant is responsible for paying all charges related to the
Planning and
processing of this discretionary case application within 30 days of the
Building Department,
issuance of the final invoice or prior to the issuance of building permits
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.
26
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and
its officials, officers, employees and agents (collectively referred to
Building Department,
individually and collectively as "Indemnitees") from any and all
claims, actions or proceedings brought against Indemnitees to attack,
Planning Services
review, set aside, void, or annul the decision of the Indemnitees
Division
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.
27
The property shall be developed substantially in accordance with plans
Planning and
and specifications submitted to the City of Anaheim by the applicant
Building Department,
and which plans are on file with the Planning Department and as
conditioned herein.
Planning Services
Division
28
All new landscaping shall be installed in conforinance with Chapter
Planning and
18.46 "Landscape and Screening" of the Anaheim Municipal Code and
Building Department,
shall be maintained in perpetuity. Landscaping shall be replaced in a
timely manner in the event that it is removed, damaged, diseased and/or
Planning Services
dead.
Division
- 9 - PC2020-018
NO.
CONDITIONS OF APPROVAL
REVIEW BY
29
The facility shall operate in accordance with the Letter of Operation
Planning and
submitted as part of the application. Any changes to the facility's
Building Department,
operation described in the Letter of Operation shall be subject to review
and approval by the Planning and Building Director to determine
Planning Services
substantial conformance with said letter and to ensure compatibility
Division
with the surrounding uses.
30
A solid barrier wall shall be installed between the outdoor patios of the
Planning and
restaurant and hookah spaces to minimize the migration of smoke onto
Building Department,
the restaurant patio.
Planning Services
Division
31
The maximum number of seats in the hookah business, both indoor and
Planning and
outdoor, shall be limited to the number of seats shown on the floor plan
Building Department,
that was approved by the Planning Commission.
Planning Services
Division
- 10 - PC2020-018