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RES-11527 PETE SHAMBROOK - CEDARHOUSE CHURCH & COFFEEHOUSE AT 611 W. CHAPMAN AVENUERESOLUTION NO. 11527 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DENYING APPEAL NO. 0564-23 AND APPROVING CONDITIONAL USE PERMIT NO. 3210-23, A REQUEST BY CEDARHOUSE, A 501(C)(3) ORGANIZATION FOR OPERATION OF A CHURCH WITH CLASSES, COMMUNITY ENRICHMENT ACTIVITIES AND A COFFEEHOUSE AT 611 WEST CHAPMAN AVENUE APPLICANT: PETE SHAMBROOK/CEDARHOUSE WHEREAS, Pete Shambrook, CedarHouse, submitted an application for a Conditional Use Permit(No. 3210-23) for the operation of a church with classes, community enrichment, and a coffeehouse within an existing commercial building at 611 W. Chapman Avenue; and WHEREAS, the requested Conditional Use Permit (No. 3210-23) was processed in the manner prescribed by state and local law; and WHEREAS, on December 4, 2023 the Planning Commission reviewed and approved Conditional Use Permit No. 3210-23 subject to conditions and findings; and WHEREAS, on December 15, 2023 Appeal No. 0564-23 was filed by Scott Bolt, appealing the Planning Commission's approval. NOW, THEREFORE, BE IT RESOLVED that the City Council denies Appeal No. 0564-23 and affirms Planning Commission Resolution No. PC 20-23 for the approval of Conditional Use Permit 3210-23 to allow the operation of a church with classes, community enrichment,and a coffeehouse within an existing commercial building located at 611 W. Chapman Avenue,based on the findings in Planning Commission Resolution No. PC 20-23 found in Exhibit A,with changes to Condition 15 and 16,to read as follows: 15. The use shall comply with OMC Chapter 8.24 Noise Control at all times. 16. The hours of operation of the coffeehouse shall be Monday through Sunday, 7:00 a.m. to 4:00 p.m. These hours do not restrict employees from being on the premises before opening for preparations and deliveries or after closing for clean-up.Any modification to these operational hour limits shall be subject to review and approval by the Community Development Director and/or may be referred to the Planning Commission at his/her discretion. ADOPTED this 13th day of February 2024. c19 ;C— Dame! R. Slater, Mayor, City of Orange ATTEST: Pamela Coleman, City Clerk, City of Orange APPROVED AS TO FORM: Mike i a, City Attorney Attachment: Exhibit A STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ORANGE I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a Regular Meeting thereof held on the 13th day of February 2024,by the following vote: AYES: COUNCILMEMBERS: Barrios, Dumitru,Tavoularis, Gyllenhammer, Bilodeau, and Slater NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Gutierrez Pamela Coleman, City Clerk, City of Orange Resolution No. 11527 2 CONDITIONAL USE PERMIT NO.3210-23 RESOLUTION NO. PC 20-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3210-23, A REQUEST BY CEDARHOUSE, A 501(C)(3) ORGANIZATION FOR OPERATION OF A CHURCH WITH CLASSES, COMMUNITY ENRICHMENT ACTIVITIES AND A COFFEEHOUSE AT 611 WEST CHAPMAN AVENUE. APPLICANT: CEDARHOUSE/PETE SHAMBROOK WHEREAS, the Planning Commission has authority pursuant to Orange Municipal Code (OMC) Table 17.08.020, and Sections 17.10.030.0 and 17.13.030, to take action to grant or deny Conditional Use Permit No. 3210-22, to allow the operation of a church, as defined in the OMC, within an existing commercial building located at 611 W. Chapman Avenue; and WHEREAS, Conditional Use Permit No. 3210-22 was filed by CedarHouse, a 501(c)(3) organization identified as a public charity,in accordance with the provisions of the OMC; and WHEREAS, the church will occupy a 2,287 square foot building and 700 square foot accessory structure at 611 W. Chapman Avenue, and will include classes, community outreach and a coffeehouse; and WHEREAS, the church will be located within '/2 mile of public transit and therefore is not required to provide minimum parking requirements per AB 2097; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves Conditional Use Permit No. 3210-23 to allow the operation of a church with classes, community enrichment, and a coffeehouse within an existing commercial huilding located at 611 W. Chapman Avenue. based on the following findings: SECTION i —FINDINGS General Plan Finding: l.The project must be consistent with the goals and policies stated within the City's General Plan. The project is consistent with the goals and policies stated in the City's General Plan Land Use Element which encourages "a well-balanced community" as "one which Resolution No. PC 20-23 Page 2 of 7 provides a broad range of housing and business opportunities as well as recreational, institutional and cultural activities that enhance the overall living environment." The project is also consistent with the goals and policies in the City's General Plan Economic Development Element which encourages "continu[ing] to protect and enhance Old Towne's historic character" and encourages the "adaptive re-use of existing commercial areas." In addition, the City's General Plan Cultural Resources Element identifies historic preservation as a "significant factor in the revitalization and economic vitality of downtown Orange," which results in "increased property values and low vacancy rates." The project is consistent with the City's General Plan in that the operation of the church with classes, community enrichment, and coffeehouse helps to provide a service that contributes to a diversified mix of land uses in the surrounding community and provided economic vitality to a major arterial in the Old Towne Orange Historic District. Conditional Use Permit Findings: 1. A Conditional Use Permit shall be granted upon sound principles of land use and in response to services required by the community(OMC 17.10.030.F.1). The granting of this Conditional Use Permit is based upon sound principles of land use and in response to services required by the community in that consideration has been given to whether the proposed use will detrimentally affect adjacent land uses. The subject property is presently vacant. The site is developed with a two-story Victorian historic residence that has been used as a commercial building in more recent years and a detached accessory structure. The church use is the primary use on the property and will not conflict with the other proposed coffeehouse use. In addition, consideration has been given to noise levels and all sound will be enclosed within the building and will be primarily acoustic. There are six parking spaces on site but the applicant is not required to provide parking because it is located within 1/2 mile of public transit. Although parking is not required per AB 2097, the applicant plans to provide parking direction to guests in order to mitigate parking on the residential streets (N. Pixley Street and N. Parker Street). The applicant will be directing visitors to walk, take public transportation, or park in the City's public parking structure on N. Lemon Street. Conditions of approval have been included in this resolution to address potential parking impacts and noise levels to surrounding residences and businesses. 2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located (OMC 17.10.030.F.2). The project is not expected to detrimentally affect adjacent land uses or create special problems in the area. The site is surrounded by residential development to the north, and commercial uses to the west, east, and south. The proposed site layout will not be altered. The services will be conducted within the building and will not impact bordering properties. Sound will be within the buildings and will primarily be acoustic without drums or bass. With the parking plan proposed by the applicant for patrons to park in the public lots, walk, or to take public transportation, it is not anticipated that the project will Resolution No. PC 20-23 Page 3 of 7 create special problems for the residential neighborhood to the north of the project site. Conditions of approval have been included in this resolution to address potential parking impacts and noise levels to surrounding residences and businesses. 3. A Conditional Use Permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located (OM(' 17.10.030.F.3). The church use will occupy an existing vacant two-story historic building and will better serve the community. One of the objectives and policies of the Santa Fe Depot Specific Plan is to bring new vitality to the Santa Fe Depot area, while taking advantage of the transit-orientation of the area" and "make it a vibrant part of Old Towne Orange." The proposed remodel will occur within the existing building and not create construction impacts to adjacent properties. The building will remain in the existing location and will not change the existing character of the street frontage. The property will retain its historic appearance while allowing for the opportunity for adaptive re-use. The proposal is not anticipated to have adverse impacts on neighboring land uses within the area because the church use is compatible with the mixed uses that occupy the property and the surrounding neighborhood. Acoustic music and amplified music will be played inside the building only and in relation to the size of the room it is playing. The applicant will not have drum kits or bass guitar, which tends to increase percussive decibels. The applicant has taken into consideration that the property is adjacent to a multi-family residential neighborhood to the north. Although the property is exempt from parking requirements by AB 2097. the applicant will provide parking instructions and commute options to guests in order to mitigate guests potentially parking on the residential streets. 4. A Conditional L'se Permit, ifgranted, shall be made subject to those conditions necessary to preserve the general welfare. not the individual welfare of any particular applicant OMC 17.10.030. All project conditions preserve the general welfare of the City and community. Conditions specifically serve to manage project construction impacts, provide for site maintenance, and accommodate disabled person site access. Condition No. 14 addresses noise control. Condition No. 18 addresses a parking plan. With these conditions in place, the operation of the church will not negatively impact the general welfare of the surrounding neighborhood. SECTION 2 —ENVIRONMENTAL REVIEW The proposed project is categorically exempt from the provisions of CEQA per State CEQA Guideline 15301 (Class 1 — Existing Facilities) because the project consists of permitting a religious institution within an existing commercial building, consistent with the property's zoning and General Plan designation. There is no environmental public review or notice required for a categorical exemption. Resolution No. PC 20-23 Page 4 of 7 SECTION 3—CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed: 1.The applicant agrees, as a condition of City's approval of Conditional Use Permit No. 3210-23, to indemnify, defend, and hold harmless, at applicant's expense. the City, its officers, agents, and employees("City") from and against any claim, action or proceeding brought against the City, including, but not limited to, any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the City's approval, to challenge the determination made by the City under the California Environmental Quality Act ("CEQA") or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify applicant of any such claim, action or proceeding to which the City receives notice and to cooperate fully with the applicant in the defense thereof. Applicant shall reimburse the City for any and all costs and expenses. including, but not limited to, court costs and attorney's fees that the City may be required to pay, including any expenses ordered by a court or expenses incurred through the Office of the City Attorney in connection with said claim, action or proceeding. City may, in its sole discretion, participate in the defense of any claim. action or proceeding but such participation shall not relieve applicant of the obligations of this condition. In the event the applicant is required to defend City in connection with such claim, action or proceeding, City shall have the right to approve counsel to so defend the City, approve all significant decisions concerning the manner in which the defense is conducted and approve any all settlements, which approval(s) shall not be unreasonably withheld. The obligations set forth herein remain in full force and effect throughout all stages of litigation including any and all appeals of any lower court judgment rendered in the proceeding. Further. applicant agrees to indemnify, defend and hold harmless the City for all costs and expenses incurred in enforcing this provision. 2.The applicant shall comply with all conditions of approval contained within Planning Commission Resolution No. PC 20-23 associated with Conditional Use Permit No. 3210- 23. 3. All construction shall conform in substance and be maintained in general conformance with plans and exhibits labeled as Attachment 4 in the staff report (date stamped received November 3, 2023), including modifications required by the conditions of approval, and as recommended for approval by the Planning Commission. 4.Except as otherwise provided herein, this project is approved as a precise plan. After any application has been approved, if changes are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Community Development Director for approval. If the Community Development Director determines that the proposed change complies with the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for the approved plot plan, the Community Development Director may approve the changed plan administratively. Resolution No. PC 20-23 Pace 5 of 7 5. Any future expansion in area or in the nature and operation of the approved use by Conditional Use Permit No. 3210-23 shall require new or amended applications. 6.The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use will be cause for revocation of this permit. 7. If the use has not commenced, or if substantial construction has not begun within 24 months after the date the conditional use permit was approved, project approval expires, in accordance with OMC Section 17.08.030(I)(1). Extensions of time may be granted, if requested in writing in accordance with OMC Section 17.08.060. 8.Prior to the operation of the business, the applicant shall file for, or if applicable, amend a business license with the Business License Division of the City of Orange Finance Department. Failure to maintain the required business license during operation of the use may be cause for revocation of this approval. 9.Building permits shall be obtained for all site and tenant improvements, as required b the City of Orange, Public Works Department's Building Division. Failure to obtain the required building permits may be cause for revocation of this permit. 10. All structures shall comply with the requirements of OMC Chapter 15.52 (Building Security Standards), which relates to hardware, doors, windows, lighting, etc. Approved structural drawings shall include sections of the Security Code that apply. Specifications, details,or security notes may be used to convey the compliance. 11. Applicant shall complyith the Fire Department's fire sprinkler requirements during Plan check. 12. Prior to building permit issuance, the applicant shall pay any outstanding monies due to the City for Planning Division entitlement activities related to this project. 13. In conjunction with the operation of the church, the property owner shall be responsible to maintain the property to a level deemed adequate by the Community Development Director. This includes, but is not limited to. the buildings, on-site landscaping. trash areas, signage. utilities, property walls, and gates(if applicable). 14. Any graffiti shall be removed within 72 hours from the time the City of Orange Notice of Violation is sent to the applicant/property owner's address of record. 15. The use shall comply with OMC Chapter 8.24 Noise Control at all times. Any sound. including amplified and un-amplified sound or music, shall not be audible from the outside of the building. No sound or music will be permitted outdoors. Amplified live musicians will be present on Friday nights but the sound level will be in relation to the size of the room and fully enclosed within the house, with doors and windows to be Resolution No. PC 20-23 Page 6 of 7 closed for the duration of the service or activity. Music may be acoustic; however, electric drum kits or bass guitar will not be permitted. Ambiant music during regular hours of operation are permitted. 16. The hours of operation of the coffeehouse shall be Monday through Saturday, 7:00 a.m. to 4:00 p.m. The proposed hours of operation for CedarHouse will be at follows: Friday nights, 7:00 p.m. to 10:00 p.m. for gatherings Monday through Saturday, 9:00 a.m. to 9:00 p.m., counseling and prayer appointments. No greater than once a quarter, a 2-day intensive workshop on Friday night from 6:00 p.m. - 9:00 p.m. and Saturday from 8:00 a.m. to 6:00 p.m. Once a month on a Wednesday from 6:30 p.m. to 8:30 p.m., leadership meeting. Once a month on Tuesday evenings from 6:30 p.m. — 9:30 p.m., community art classes. Once every other month on Saturday evening, kids' movie nights. Twice a year, every Wednesday for 4 weeks, from 6:30 p.m. — 9:00 p.m., marriage enrichment. There shall be no services on Sunday. These hours do not restrict employees from being on the premises before opening for preparations and deliveries or after closing for clean-up. Any modification to these operational hour limits shall be subject to review and approval by the Community Development Director and/or may be referred to the Planning Commission at his/her discretion. 17. In conjunction with the operation of the use, all loading and trash enclosure areas shall be maintained and kept clean and free of debris. 18. Street trees shall be planted in coordination with the City's Street Tree Coordinator. 19. Upon removal of the parking spaces at the front of the property, the driveway curb cut shall be filled in and the side walk shall be re-established per the City standards. 20. The applicant shall provide visitors with clear parking and travel directions so that guests do not park on the residential streets for more than one hour. Directional information will be provided on the applicant's website and social media. Staff will monitor the residential neighborhoods prior to service to ensure guests are not parked in the residential streets. Movable signage with parking instructions will be provided during all services and events. Resolution No. PC 20-23 Page 7 of 7 ADOPTED this 4th day of December '023. 11 Rick Martinez, P1. 'ng Corn •'scion Vice Chair I hereby certify that the foregoing Resolution was adopted by the Planning Commission of the City of Orange at a regular meeting thereof held on the 4th day of December 2023, by the following vote: AYES: Tucker, Simpson, Vejar, Maldonado, Martinez NOES: McCormack RECUSED: Vazquez de—Si Anna Pehoushek Assistant Community Development Director