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Resolution-PC 2014-051RESOLUTION NO. PC2014 -051 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2014 -04969 AND AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2013 -05654 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00005C) (5520 -5524 EAST LA PALMA AVENUE) WHEREAS, on March 25, 2013, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission "), by its Resolution No. 2013 -030, (1) approved Conditional Use Permit No. 2013- 05654 (herein referred to as the "Original CUP ") to permit a live performance theater at 5520- 5524 East La Palma Avenue in the City of Anaheim, County of Orange, State of California, and (2) determined that the public convenience or necessity will be served by the issuance by the California Department of Alcoholic Beverage Control ( "ABC ") of a Type 69 (Special On -Sale Beer and Wine Theater) license (herein referred to as "Public Convenience or Necessity No. 2013- 00095" or the "Original PCN "); and WHEREAS, on December 16, 2013 and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2013 -087, approved Conditional Use Permit No. 2013- 05654B to amend the Original CUP to change the operation of the theater from a Type 69 (Special On -Sale Beer and Wine Theater) license to a Type 64 (Special On -Sale General Theater) license; and WHEREAS, the Original CUP and Conditional Use Permit No. 2013- 05654B shall be referred to herein collectively as the "CUP ". The conditions of approval which were the subject of the CUP shall be referred to herein collectively as the "Previous Conditions of Approval "; and WHEREAS, the Planning Commission did receive a verified petition to amend the CUP to permit the expansion of a live performance theater in conjunction with Variance No. 2014 -04969 to permit fewer off - street parking spaces than required by the Zoning Code ( "Proposed Project ") pursuant to Section 18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Code ( "Code "). Said amendment is designated as Conditional Use Permit No. 2013- 05654C; and WHEREAS, the premises for which the CUP and Original PCN were approved is located within a four- building industrial park, which is generally depicted on the map attached hereto as Exhibit A (the "Property "). The Property is located in the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94 -1 (SP 94 -1) Zoning and Development Standards) of the Code. The underlying base zone for the Property is the "I" (Industrial) Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply to the Property and shall supersede any inconsistent regulations of the "I" (Industrial) Zone. The Anaheim General Plan designates the Property for Office -Low land uses; and - 1 - PC2014 -051 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 30, 2014 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 proposed and Variance No. 2014 -04969 and Conditional Use Permit No. 2013- 05654C, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist 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, and that, 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 WHEREAS, the Planning Commission does further find and determine that the request for a variance for less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (324 spaces required; 305 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because the live performance theater and industrial uses take place during separate hours and days of the week; 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 will adequately accommodate the peak parking demands of the proposed theater expansion and industrial uses; 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 theater will have performances on days and times when the industrial businesses are closed. Therefore, the on -site parking for the theater and industrial space will adequately accommodate peak parking demands of all uses on the site; 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 -2- PC2014 -051 4. 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 theater and industrail buildings. 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. 2013- 05654C, does find and determine the following facts: 1. The request to amend a conditional use permit to expand the live performance theater is properly one for which a conditional use permit is authorized, subject to the imposition of conditions of approval. 2. The request to amend the CUP, 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 industrial buildings intended for employees with weekday hours and the theater use would function on evenings and weekends. 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. 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 peak operating hours for the theater use will occur on evenings and weekends during periods of time when traffic going to and from adjacent businesses is low or neglible. 5. The granting of Conditional Use Permit No. 2013- 05654C 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. -3- PC2014 -051 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Variance No. 2014 -04969 and Conditional Use Permit No. 2013- 04969C are hereby approved, thereby amending the CUP and permitting fewer off - street parking spaces than required by the Zoning Code for the Proposed Project. BE IT FURTHER RESOLVED that effective upon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised Conditions of Approval ") amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the CUP and this Conditional Use Permit No. 2013 - 04969C shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B , which shall control and govern the CUP, as amended by Conditional Use Permit No. 2013 - 04969C. BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit B attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the Property under Variance No. 2014 -04969 and Conditional Use Permit No. 2013- 04969C 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 (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. 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. -4- PC2014 -051 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 30, 2014. 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. CHAIR, PLANNING CO OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 June 30, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this.) day of June, 2014 SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5 - PC2014 -051 EXHIBIT "At' DEV2014-00043 1APN: 346 0 " '0 "J" Feet Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet, - 6 - PC2014-051 EXHIBIT "B" VARIANCE NO. 2014-04969 AND CONDITIONAL USE PERMIT NO. 2013-05654C (DEV2013- 00005C) -7- PC2014 -051 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO THE ISSUANCE OF BUILDING PERMIT 1 ' Due to the change in the use and /or occupancy of the building, plans Planning shall be submitted to the Building Division showing compliance Department, with the minimum standards of the City of Anaheim, including all Building Division applicable building codes as adopted by the City. The appropriate permits shall be obtained for any necessary work. 2. All requests for new water serices or fire lines, as well as any Public Utilities modifications, relocations, or abandonments of existing water Department, Water services and fire lines, shall be coordinated through the Water Engineering Engineering Division of the Anaheim Public Utilities Department. Division OPERATIONAL CONDITIONS 3. Prior to operation of the expanded theater and at any point thereafter, Police Department, security measures shall be provided to the satisfaction of the Anaheim Planning & Research Police Department to Police Department deter unlawful conduct of Unit 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. No required parking area shall be fenced -off or otherwise enclosed for Planning outdoor storage uses. Department, Code Enforcement Division 5. The trash enclosure shall be maintained in a location acceptable to Public Works the Public Works Department, Streets and Sanitation Division, and in Department, Streets accordance with approved plans on file with said Department. and Sanitation 6. Performances shall not begin before 5 p.m., Monday through Friday. Planning Department, Planning Services Division 7. The theater shall be limited to a maximum of 210 seats. Planning Department, Planning Services Division -7- PC2014 -051 -8- PC2014 -051 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 8. The performances shall be limited to theatrical dramas, comedies, Planning musicals and plays; and that activities at this business shall not Department, trigger a requirement for a sex - oriented business permit, as set forth Planning Services in Chapter 18.54 of the Anaheim Municipal Code. Division 9. There shall be no exterior advertising or sign of any kind or type, Police Department, including advertising directed Police Department to the exterior from Planning & within, promoting or indicating the availability of alcoholic Research Unit beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 10. Any and all security officers provided shall comply with all State and Police Department, Local ordinances regulating their Police Department services, Planning & including, without limitation, Chapter 11.5 of Division 3 of the Research Unit California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code). 11. Ap shall not share an p rofits , or a an p ercentage or PP Yp � p ay Yp g Police Dep artmen t, p , commission to a promoter or any other person, based upon monies Planning & collected as a door charge, cover charge, or any other form of Research Unit admission charge, including minimum drink orders, or the sale of drinks. 12. The number of persons attending the event shall not exceed the Police Department, maximum occupancy load as determined by the Anaheim Fire Planning & Department. Signs indicating the occupant load shall be posted in a Research Unit conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code). 13. All entertainers and employees shall be clothed in such a way as not Police Department, to be in violation of Section 7.16.060 of the Anaheim Municipal Planning & Code. Research Unit 14. Any graffiti painted or marked upon the premises or on any adjacent Planning area under the control of the business owner shall be removed or Department, Code painted over within 24 hours of being applied. Enforcement Division 15. All activities related to the use shall occur indoors, except as may be Planning permitted by an authorized Special Event Permit. Department, Code Enforcement Division -8- PC2014 -051 -9- PC2014 -051 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 16. No outside storage of equipment /furniture shall be permitted. Planning Department, Code Enforcement Division 17. Address numbers shall be positioned so as to be readily readable Police Department, from the street. Number shall be illuminated during hours of Planning & darkness. Front and rear entrance doors shall be numbered with the Research Unit same address numbers or suite number of the business. The address number shall be a minimum height of four inches. 18. Adequate lighting of p arking lots passageways, recesses and q g g P g � > Planning grounds contiguous to buildings shall be provided with lighting of Department, sufficient wattage to provide adequate illumination to make clearly Planning Services visible the presence of any person on or about the premises during Division the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. 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. GENERAL CONDITIONS OFAPPROVAL 19. Conditions of approval related to each of the timing milestones above Planning shall be prominently displayed on plans submitted for permits. For Department, example, conditions of approval that are required to be complied with Planning Services prior to the issuance of building permits shall be provided on plans Division submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 20. The Applicant shall defend, indemnify, and hold harmless the City Planning and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees ") from any Planning Services and all claims, actions or proceedings brought against Indemnitees Division 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. -9- PC2014 -051 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 21. The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 22. The subject Property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by Department, the petitioner and which plans are on file with the Planning Planning Services Department, and as conditioned herein. Division - 10- PC2014 -051