A Resolution of the City Council of the City of Anaheim Approving Conditional Use Permit

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05679 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.

(DEV2013-00016)

(420 SOUTH BROOKHURST STREET)

WHEREAS, the Planning Commission of the City of Anaheim(herein referred to as the "Planning Commission") received a verified petition for Conditional Use Permit No. 2013-05679 to permit a banquet facility which includes a restaurant with the sale of alcoholic beverages and a hookah lounge within an existing building (herein referred to as the "Proposed Project") on that certain real property located at 420South Brookhurst Street in the City of Anaheim, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and

WHEREAS, the Property is developed with a vacant restaurant building. The Property is located in the General Commercial (C-G) Brookhurst Corridor Overlay (BCC) Zone. The Anaheim General Plan designates the Property for General Commercial land uses; and

WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 26, 2013 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 of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against proposed Conditional Use Permit No. 2013-05679, and to investigate and make findings and recommendations in connection therewith; and

WHEREAS, the Planning Commission did find and determine that the Proposed Project is within that class of projects under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), that 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 its determination. The addition of a second story on the building at the Property, consisting of not more than 6,890 square feet, is an example of a type of project that involves negligible expansion of an existing use because (i) it will not result in an increase or more than 10,000 square feet, (ii) it is in an area where all public services and facilities are available to allow for maximum development permissible under the General Plan, and (iii) the area in which the Proposed Project is located is not environmentally sensitive. Accordingly, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Planning Commission did determine that the Proposed Project will not cause a significant effect on the environment and is, therefore, 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, did adopt its Resolution No. PC2013-059, approving Conditional Use Permit No. 2013-05679 subject to certain conditions of approval described in said Resolution; and

WHEREAS, within the time prescribed by Section 18.60.130 of the Code, two members of the City Council requested review of the decision of the Planning Commission by the City Council; and

WHEREAS, the City Clerk did set said application for proposed Conditional Use Permit No. 2013-05679 for a de novo hearing, which public hearing was duly noticed in the manner provided by law; and

WHEREAS, on October 8, 2013, the City Council did hold and conduct a duly noticed public hearing to consider proposed Conditional Use Permit No. 2013-05679. The City Councilcontinued this item to its regular meeting on November 19, 2013.

WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct a duly noticed public hearing to consider proposed Conditional Use Permit No. 2013-05679 and after careful consideration of all evidence and reports submitted to the Planning Commission and the action taken by the Planning Commission, and all evidence and reports offered at said public hearing before the City Council, and, based thereon, does hereby make the following findings and determinations:

1.The Proposed Project is within that class of projects which consistsof 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. 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

2.The proposed request to permit a banquet facility which includes a restaurant with the sales of alcoholic beverages and a hookah lounge within an existing building in the Commercial General (C-G) Brookhurst Corridor Overlay (BCC) zone is properly one for which a conditional use permit is authorized by Section 18.08.030.010 of the Code; and

3.The proposed request to permit a banquet facility which includes a restaurant with the sales of alcoholic beverages and a hookah lounge within an existing building 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 conducted inside the building; hours of operation are limited through conditions of approval; and, valet parking will be utilized in the parking lot adjacent to the residential properties in order to reduce potential impacts on adjacent residential properties; and

4.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 restaurant building; the proposal to construct a second story addition will not expand beyond the existing footprint of the building and will not exceed the permitted building height of the zone; and

5.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 to accommodate the use; and

6.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 and will provide a land use that is compatible with the surrounding area.

NOW, THEREFORE, BE IT RESOLVED that the City Council, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2013-05679, 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 the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim.

BE IT FURTHER RESOLVED that extensions for further time to complete the conditions of approval set forth in Exhibit B hereto may be granted in accordance with Section 18.60.170 of the Code.

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 approval of Conditional Use Permit No. 2013-05679constitutes 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.

BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within thirty (30) days of the 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 result delays in the issuance of required permits or may result in the revocation of the approval of this application.

BE IT FURTHER RESOLVED that the time within which a rehearing must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524.

THE FOREGOING RESOLUTION was adopted at the City Council of the City of Anaheim this ______day of ______, 2013 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF ANAHEIM

By: MAYOR OF THE CITY OF ANAHEIM

ATTEST:

______

CITY CLERK OF THE CITY OF ANAHEIM

97893/TReynolds

CONDITIONAL USE PERMIT NO. 2013-05679

(DEV2013-00016)

NO. / CONDITIONS OF APPROVAL / REVIEW BY / SIGNED OFF BY
PRIOR TO COMMENCEMENT OF THE BUSINESS
1 / The applicant shall obtain a Smoking Lounge permit pursuant to Anaheim Municipal Code Section 18.16.080 – Smoking Lounges and comply with the requirements outlined in the City of Anaheim Fire Department Specifications and Requirements for Smoking Lounges. /

Fire Department,

Planning Department

2 / The business owner shall obtain a parking agreement with a property owner within 1,000 feet of the facility in order to secure additional self-parking spaces. This agreement shall be reviewed by Planning Director or her designee prior to finalization of the parking agreement. /

Planning Department

3 / The applicant shall submit a security and operations plan for review and approval by the Chief of Police. The plan shall include, at a minimum, the following information:

The number of proposed security guards, and their typical post location, including at least one guard whose primary function is to monitor the east parking lot to prevent noise and disruptive behavior that may disturb nearby residents.
Measures to discourage parking, loitering, and littering along Archer Street.
A prohibition on employeesgathering on the east side of the building, during breaks and before and after shifts, to minimize noise impacts to adjacent neighbors.

The Chief of Police may require modifications to this security plan, as necessary, to control disruptive behavior at this site. /

Police Department

4 / The applicant shall submit a valet parking operations plan for review and approval by the Planning Director. The plan shall include, at a minimum, the following information:

Location of valet service pick-up and drop-off points.
Procedures and staffing levels to insure that vehicles are retrieved in less than eight minutes during peak periods.
Statement that valet services will be used when the banquet room and restaurant are used concurrently.
Statement that the eastern parking area will be used for valet parking when valet services are used.
Statement that cars will not queue on to Brookhurst Street as a result of waiting for valet services

Planning Department

5 / Notices containing the phone numbers of an on-site manager available during all business hours, and the City’s Code Enforcement Division, shall be provided to all residents within 300 feet of the project site, as well as anyone who has submitted a comment letter. Notices shall be provided to the Planning Department in addressed, postage paid, unsealed envelopes for mailing by the City. /

Planning Department

6 / The building shall be equipped with a comprehensive security alarm system (silent or audible) for the perimeter building, access route protection and high valued storage areas. /

Police Department

7 / A Burglary/Robbery Alarm Permit application, Form APD 516, shall be completed and returned 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: /

Police Department

8 / Address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness. /

Police Department

9 / Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. House shields shall be provided to minimize glare on adjacent residential properties. /

Police Department

10 / All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. /

Police Department

11 / Rooftop address numbers for the police helicopter. Minimum size 4’ in height and 2’ in width. The lines of the numbers are to be a minimum of 6” thick. Numbers should be spaced 12” to 18” apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. /

Police Department

12 / Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. /

Public Works Department, Traffic Engineering

13 / All exterior doors shall have adequate security hardware, e.g. deadbolt locks. 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. /

Police Department

14 / Monument signs and addresses shall be well lit during hours of darkness. /

Police Department

15 / “No Trespassing 602(k) P.C.” shall be posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. /

Police Department

16 / All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owner’s/manager’s request. /

Police Department

17 / Demolition and construction shall comply with all applicable regional, State and Federal regulations. /

Planning Department, Building Division

PRIOR TO ISSUANCE OF A BUILDING PERMIT
18 / The property owner shall submit a letter to the Planning Director requesting termination of Conditional Use Permit No. 2007-05223. /

Planning Department

19 / The developer shall submit for review and approval by the Public Works Department, Development Services Division, street improvement plans for the reconstruction of driveway approaches and installation of landscape and irrigation improvements. The landscape and irrigation improvement plans shall be prepared in accordance with the City’s Master Street Tree Plan of Arterial Corridors. /

Public Works Department, Development Services Division

20 / The developer shall post a security to guarantee the construction of public works improvements in an amount approved by the City Engineer and in a form approved by the City Attorney. The improvements shall be constructed prior to final building and zoning inspections. /

Public Works Department, Development Services Division

21 / Plans shall indicate that no second story windows are proposed on the east building elevation. / Planning Department
22 / Plans shall indicate that sound attenuation materials have been incorporated into the building materials. / Planning Department
23 / A landscape plan shall indicate vines with trellises and trees planted adjacent to the east and south building elevations. / Planning Department
GENERAL CONDITIONS
24 / The hours of operation for the banquet facility, restaurant and hookah lounge shall be limited to 10:00 p.m. Sunday thru Thursday, and 1:00 a.m. Friday and Saturday. Extension of these hours shall require an amendment of this CUP, approved by the Planning Commission at a duly noticed public hearing. /

Police Department,Planning Department, Code Enforcement Division

25 / During the first 12 months of the facility’s operation, the business owner shall pay for three Code Enforcement staff inspections in order to determine compliance with conditions of approval. /