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Resolution-PC 2018-053RESOLUTION NO. PC2018-053 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05840 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00121) (201 EAST BROADWAY) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05840 to permit and retain an existing church, performing arts theater, restaurant with sales of beer and wine for on-site consumption, accessory retail store, and off-site parking (the "Proposed Project") for premises located at that certain real property at 201 East Broadway, 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 1.33 -acres in size and is currently developed with a 43,873 square foot performing arts theater and church building. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located in 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 (the "Code"); and WHEREAS, a duly noticed public hearing was scheduled before the Planning Commission at the Civic Center in the City of Anaheim on November 29, 2017 at 5:00 p.m. to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith. The Planning Commission continued the item to the January 22, 2018 meeting, and subsequently continued the item to a date uncertain. A duly noticed public hearing was scheduled before the Planning Commission on October 15, 2018; 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of 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 finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1— Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2018-053 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 the request for Conditional Use Permit No. 2015-05840, does find and determine the following: 1. The proposed request to permit and retain an existing church in a performing arts theater building is an allowable use within the "C -G" General Commercial Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C -G" General Commercial Zone. 2. The conditional use permit, under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property is developed with performing arts theater building and there are a sufficient amount of off-site parking spaces to accommodate the parking demand for the church through a parking license agreement with the City. 3. The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare because the facility is located within a performing arts theater building and a sufficient number of off-site parking spaces and adequate vehicle circulation are provided. 4. The traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site will not exceed the anticipated volumes of traffic on the surrounding streets to accommodate the use and traffic control measures will be implemented to ensure that traffic impacts do not occur in and around the project site. 5. The granting of Conditional Use Permit No. 2015-05840 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 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. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 2 - PC2018-053 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2015-05840, and further 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 under Conditional Use Permit No. 2015-05840 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 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 (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. BE IT FURTHER RESOLVED that approval of this application constitutes 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 2018. 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 maybe replaced by a City Council Resolution in the event of an appeal. ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2018-053 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 October 15, 2018 by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KEYS IN WITNESS WHEREOF, I have hereunto set my hand this 15t" day of October, 2018. I12 v1----• SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-053 EXHIBIT "A" DEV NO. 2015-00121 E BRo Apl�N N' Source: Recorded Tract Maps and/or City GIS. �J Feet Please note the accuracy is +l- two to five feet. - 5 - PC2018-053 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05840 (DEV2015-00121) - 6 - PC2018-053 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS OF APPROVAL 1 A minimum of 90 minutes shall be provided between the end of one Planning and Building church service and the start of another. Department, Planning Services Division 2 Group meetings of up to 150 participants may be held from 7:00 p.m. to Planning and Building 11:00 p.m., Monday through Thursday, and Satuday, 8:00 a.m. to 11:00 Department, p.m. except during Planning Commission or City Council meetings. Planning Services Division 3 Group meetings of up to 300 participants may be held on Friday evenings Planning and Building from 6:00 p.m. to 12:00 a.m. Department, Planning Services Division 4 Up to two large events per month, that occur wholly within the building, Planning and Building may be authorized by City staff for up to 2,500 people. In addition, an Department, anuual week-long event (Seven Day Prayer Chain) consisting of church Planning Services services offered from 7:00 p.m. to 9:30 p.m. may also be authorized by Division City staff. These large events are subject to (i) the availability of parking as determined by the Community and Economic Development Director, and (ii) verification by the Planning Director that the planned event otherwise substantially complies with the operational conditions of this CUP, and (iii) verification that there are no conflicting scheduled events within the vicinity. The applicant shall provide an Administrative Substantial Conformance application and applicable fee for said event not less than 30 days prior to the event. Any event that includes activities outside the building shall be subject to approval of a Special Event Permit, and limited to no more than four events per calendar year. 5 The applicant shall provide parking management services from a Public Works and licensed parking operator during ingress and egress of church services. Police Departments Qualifications of parking operators shall be at the discretion of the Public Works Department and/or the Police Department. Any traffic control shall be provided by the Anaheim Police Department. All parking management services and traffic control shall be provided at the expense of the applicant. The applicant shall not use its staff, parishioners, congregants or volunteers to serve as parking attendants or traffic control officers. - 6 - PC2018-053 - 7 - PC2018-053 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 6 Thea applicant shall execute a pp parking license agreement with City Planning and Building allowing it to utilize parking spaces within City -owned structures within Department, 90 days of the date of this approval or Conditional Use Permit No. 2015- Planning Services 05840 shall be null and void. Division 7 Conditional Use Permit No. 2015-05840 shall be null and void if the Planning and Building Parking License Agreement is ever terminated, unless the applicant Department, demonstrates adequate parking is provided either (i) within the Planning Services downtown parking areas identified in the Parkin Stud Division p g g y prepared by LSA Associates, dated June 2018, or at alternative locations identified in an updated Parking Study, (ii) through a parking license agreement with public and/or private owners of parking structures within the downtown area, or (iii) by other information satisfactory to the Planning and Community and Economic Development Departments. The adequacy of the proposed parking changes shall be subject to the approval of the Planning Commission by an amendment to this CUP." 8 The facility shall operate in accordance with the applicant's Letter of Planning and Building Operation. Any changes to the facility's operation described in the Department, Letter of Operation shall be subject to review and approval by the Planning Services Planning and Building Director to determine substantial conformance Division with said letter and to ensure compatibility with the surrounding uses. The use shall cease if the parking license agreement is terminated or expires. 9 Traffic and parking generated by the church shall be compatible with Planning and Building surrounding uses. The applicant shall make every reasonable effort to Department, prevent patrons from parking in adjacent residential neighborhoods. In Planning Services the event of any incompatibilities, the applicant shall work with staff to Division resolve the issues. 10 A letter requesting termination of Conditional Use Permit Nos. 2144 and Planning and Building 2003-04762 shall be submitted to the Planning Department. Department, Planning Services Division 11 Sales, service, and consumption of beer and wine shall be permitted only Police Department between the hours of 6:00 a.m. and 12:00 a.m. each day of the week. 12 There shall be no exterior advertising of any kind or type, including Police Department advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 13 That subject alcoholic beverage license shall not be exchanged for a Police Department public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. - 7 - PC2018-053 - 8 - PC2018-053 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 14 At all times when the restaurant is open for business, it shall be Police Department maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 15 Parking lots, driveways, circulation areas, aisles, passageways, recesses Police Department and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and 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 persons, property, and vehicles onsite. 16 Security measures shall be provided to the satisfaction of the Anaheim Police Department Police Department to prevent disturbances to the nearby neighborhood. 17 The business shall not employ or permit any persons to solicit or Police Department encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) 18 Managers / Owners need to call the Department of Alcoholic Beverage Police Department Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and service employees. The number is 714-558-4101. 19 The petitioner(s) shall be responsible for maintaining free of litter the Police Department area adjacent to the premises over which they have control, as depicted. 20 The number of persons shall not exceed the maximum occupancy load Police Department 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) 21 The door(s) shall be kept closed at all times during the operation of the Police Department business except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. 22 The Petitioner(s) shall post and maintain a professional quality sign Police Department facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. - 8 - PC2018-053 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 23 I The sale of alcoholic beverages for consumption off the premises shall I Police Department be prohibited. 24 Petitioner(s) shall police the area under their control in an effort to Police Department prevent the loitering of persons about the premises. GENERAL CONDITIONS OFAPPROVAL 25 Any graffiti painted or marked upon the premises or on any adjacent area Planning and Building under the control of the property owner shall be removed or painted over Department, within 24 hours of being applied. Code Enforcement Division Amd Police Department 26 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, Division 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. 27 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building permits Planning Services for this project, whichever occurs first. Failure to pay all charges shall Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 28 The subject Property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department, petitioner and which plans are on file with the Planning Department, and Planning Services as conditioned herein. Division 29 All new landscaping shall be installed in conformance with Chapter Planning and Building 18.46 "Landscape and Screening" of the Anaheim Municipal Code and Department, shall be maintained in perpetuity. Landscaping shall be replaced in a Planning Services timely manner in the event that it is removed, damaged, diseased and/or Division dead. - 9 - PC2018-053