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Resolution-PC 2011-061RESOLUTION NO. PC2011 -061 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05568 (DEV2011- 00069) (1045 NORTH ARMANDO STREET UNIT A AND B) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011 -05568 to permit a live performance repertory theatre within an existing industrial complex for certain real property in the City of Anaheim, County of Orange, State of California shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, this 5.39 -acre property is developed with an industrial complex. The property is located in SP94 -1 Northeast Industrial Specific Plan Development Area 1 zone and the Anaheim General Plan designates the property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 29, 2011 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 the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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 the request to permit a repertory theatre should be approved for the following reasons: 1. The proposed conditional use permit request to permit a repertory theatre within an existing industrial building is properly one for which a conditional use permit is authorized under Code Section No. 18.120.050.0531 (Private recreational facilities) of the Anaheim Municipal Code. 2. The proposed conditional use permit to permit a live performance repertory theatre within an existing industrial building, 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 and integrated with similar buildings and industrial uses; and, the repertory theatre would be located within an existing industrial building with no adverse affects to adjoining land uses. 1 PC2011 -061 3. The size and shape of the site for the use is adequate to allow the full development of the repertory theatre in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing industrial building. 4. The traffic generated by the repertory theatre 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. 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 industrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2011 -05568 and subject to the conditions of approval described in Exhibit `B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject 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 Anaheim Municipal 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations 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 Anaheim City 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. 2 - PC2011 -061 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 Zoning 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 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUT was adopted at the Planning Commission meeting of August 29, 2011. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, AHE ITY PLANNING COMMISSION I. Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 29, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 29 day of August, 2011. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2011 -061 EXHIBIT "A" DEV NO. 2011 -00069 APN: 344 - 4 -04 v ' p O E L 1 11*** ?Pk Av E P' Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 4 PC2011 -061 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 This facility shall be used for a live performance repertory theatre only. Planning 2 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 3 No outdoor activities involving gathering of persons shall be permitted on -site. Code Enforcement 4 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Code Enforcement 5 Business to be equipped with alarm system (silent or audible). Police 6 Burglary /Robbery Alarm Permit application, Form APD 516, is required 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: http:/ /www.anaheim.net /article.asp ?id =678 Police 7 Address numbers shall be positioned so as to be readily readable from the street. Number should be illuminated during hours of darkness. Rear entrance doors shall be numbered with the same address numbers or suite number of the business. Minimum height of 4" recommended. Police 8 Additional lighting covering the parking area during performances and until staff is offsite (patron and performer /staff) shall be provided. An alternative would be to have the parking lot patrolled during performances by a licensed security company. Police EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2011-05568 (DEV2011- 00069) -5 PC2011 -061 9 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 10 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police 11 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Planning Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2 (Floor Plan), and as conditioned herein. - 6 - PC2011 -061