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Resolution-PC 2016-067RESOLUTION NO. PC2016-067 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05874 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00041) (1300 NORTH KELLOGG DRIVE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2016-05874 to permit a "Community and Religious Assembly" use within an existing multi -tenant industrial complex located at 1300 North Kellogg Drive in the City of Anaheim, County of Orange, State of California (the "Property"), the boundaries of which are generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Property is approximately 9.3 acres in size and is currently developed with four industrial/office space buildings, one of which is the 2 -story, 44,821 sqaure foot subject building. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located within the Anaheim Canyon Specific Plan Area described in Anaheim Canyon Specific Plan No. 2015-1 (the "SP 2015-1 ") and more particularly within the Industrial Development Area (Development Area 1) thereof. As such, the Property is subject to the zoning and development standards described in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"); and WHEREAS, Conditional Use Permit No. 2016-05874 is proposed in conjunction with a request to amend certain zoning and development standards adopted in connection with SP 2015-1, which request is designated as "Specific Plan Adjustment No. 2016-00068," to modifiy the zoning and development standards adopted in connection with SP 2015-1 to permit a "Community and Religious Assembly" use on those properties fronting the east side of Kellogg Drive between Hunter Avenue and La Palma Avenue subject to approval of a Conditional Use Permit pursuant to Chapter 18.66 (Conditional Use Permits) of Title 18 (Zoning) of the Code. Specific Plan Adjustment No. 2016-00068 and Conditional Use Permit No. 2016-05874 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 22, 2016 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 the Proposed Project and to investigate and make findings and recommendations in connection therewith; 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 Cal. Code Regs. tit. 14, § 15000; 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 PC2016-067 WHEREAS, this 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 WHEREAS, this 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. 2016-05874, does find and determine the following: 1. The request to permit a Community and Religious Assembly use within an existing multi -tenant industrial complex at the Property is properly one for which a conditional use permit is authorized, subject to City Council approval of Specific Plan Adjustment No. 2016- 00068, now pending. 2. The request to permit a Community and Religious Assembly use within an existing multi -tenant industrial complex at the Property would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Community and Religious Assembly use would not impact adjacent uses for the reason that it does not operate during the normal weekday business hours of the surrounding industrial uses. 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Property is already improved with a multi -tenant industrial office building and no expansion to the existing building is proposed. 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 Community and Assembly use would not operate during normal weekday business hours. A traffic study submitted by Linscott, Law & Greenspan, Engineers (LLC) on behalf of the petitioner found that the proposed use is not expected to cause significant traffic impacts at any of the key intersections. 5. The granting of Conditional Use Permit No. 2016-05874 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. - 2 - PC2016-067 WHEREAS, this 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 Proposed Project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, this Planning Commission does hereby approve and adopt Conditional Use Permit No. 2016-05874, contingent upon and subject to (i) the approval of Specific Plan Adjustment No. 2016-00068 and the adoption by the City Council of an ordinance amending Table 120-B (Primary Uses By Development Area: Non -Residential Use Classes) of Section 18.04.030 (Uses) of Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of Title 18 (Zoning) of the Code in the form presented at the meeting at which this Resolution was adopted, permitting a Community and Religious Assembly use in the Industrial Development Area (Development Area 1) of SP 2015-1 and, specifically, on those properties fronting the east side of Kellogg Drive between Hunter Avenue and La Palma Avenue subject to approval of Conditional Use Permit, now pending, and (ii) 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. 2016-05874 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. 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 this 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. -3 - PC2016-067 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 22, 2016. 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. CHAIRMAN, PLANNING COMMISSION 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 August 22, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: CALDWELL, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: HENNINGER ABSENT: COMMISSIONERS: BOSTWICK, DALATI VACANT: COMMISSIONERS: ONE VACANCY 2016. IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of August, ECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-067 EXHIBIT "A" DEV NO. 2016-00041 APN: 346-201-17 E HUNTER AVE E LANDON DR (D 0 O 113' J J W Y � 0 Z N 84' E LA PALMA AVE © oo TF -- Source: Recorded Tract Maps and/or City GIS Feet Please note the accuracy is +/- two to five feet. - 5 - PC2016-067 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05874 (DEV2016-00041) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL BUILDING AND ZONING INSPECTION 1 Prior to final building and zoning inspection, a traffic management Public Works plan shall be submitted to the City Traffic and Transportation Manager Department, Traffic for review and approval. Engineering Division 2 A shared parking agreement shall be recorded in the Office of the Planning and County Recorder, and a recorded copy filed with the Planning Building Department, Department and, further, shall specify the number and location of the Planning Services parking spaces and assure that the spaces shall be accessible and Division available at in conjunction with the use for which the parking spaces are required. OPERATIONAL 3. The availability of parking for this church use shall be operated in Planning and accordance with the Parking Study and Shared Parking Agreement Building Department, submitted as part of this application. Any changes to the church Planning Services operation as described in that document shall be subject to review and Division approval by the Planning Director to determine substantial conformance to ensure compatibility with the surrounding uses. 4. All parking shall occur on-site. Should the parking demand exceed the Planning and amount of on-site parking, the applicant shall submit a request to Building Department, modify the Conditional Use Permit, subject to the approval of the Planning Services Planning Commission. Division 5. Weekday events shall be restricted to those events outlined in the letter Planning and of operation taking place after 6:30 p.m. with the exception of Building Department, religious holidays when the adjacent businesses are closed. Any Planning Services changes to the church operation as described in that document shall be Division subject to review and approval by the Planning Director to determine substantial conformance to ensure compatibility with the surrounding uses. 6. The only accessory school activity in connection with this church shall Planning and be Sunday School and Bible study. This facility shall not be used as a Building Department, private daycare, nursery, elementary, junior and/or senior high school. Planning Services Division - 6 - PC2016-067 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7. There shall be no outdoor activity or audible bells associated with any Planning and church activities. Building Department, Planning Services Division GENERAL 8. The Applicant shall defend, indemnify, and hold harmless the City Planning and and its officials, officers, employees and agents (collectively referred Building Department, to individually and collectively as "Indemnitees") from any and all Planning Services claims, actions or proceedings brought against Indemnitees to attack, Division 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. The applicant is responsible for paying all charges related to the Planning and processing of this discretionary case application within 30 days of the Building Department, issuance of the final invoice or prior to the issuance of building permits Planning Services for the Proposed 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. 10. The subject Property shall be developed, used and maintained Planning and substantially in accordance with plans and specifications submitted to Building Department, the City of Anaheim by the petitioner and which plans are on file with Planning Services the Planning Department, and as conditioned herein. Division 11. Approval of Conditional Use Permit No. 2016-05874 is contingent Planning and upon City Council approval of Specific Plan Adjustment No. 2016- Building Department, 00068. Permits for Community and Religious Assembly uses shall Planning Services not be issued until after the effective date of the ordinance approving Division Specific Plan Adjustment No. 2016-00068. - 7 - PC2016-067