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PC 2017/12/11 City of Anaheim Planning Commission Agenda Monday, December 11, 2017 Anaheim West Tower Gordon Hoyt Conference Center, 2nd Floor 201 South Anaheim Boulevard Anaheim, California  Chairperson: Bill Dalati  Chairperson Pro-Tempore: Michelle Lieberman  Commissioners: John Armstrong, Jess Carbajal, John Gillespie, Kimberly Keys, Steve White  Call To Order - 5:00 p.m.  Pledge Of Allegiance  Public Comments  Public Hearing Items  Commission Updates  Discussion  Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, December 7, 2017, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 12-11-2017 Page 2 of 4 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. 12-11-2017 Page 3 of 4 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2017-05940 (DEV2017-00107) Location: 1525 North Endeavor Lane, Unit M Request: The applicant requests to permit and retain an existing physical fitness facility within an existing industrial building. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Wayne Carvalho wcarvalho@anaheim.net ITEM NO. 3 TENTATIVE PARCEL MAP NO. 2017-100 (DEV2017-00066) Location: 711-721 South Van Buren Street (Placentia) and 1365-1367 South Van Buren Street (Anaheim) Request: The applicant requests approval of a tentative parcel map to permit a 4-lot industrial subdivision with two lots located within the City of Placentia and the other two lots located within the City of Anaheim. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15315, Class 15 (Minor Land Divisions). Resolution No. ______ Project Planner: Joanne Hwang jhwang@anaheim.net Adjourn to Monday, January 8, 2018 at 5:00 p.m. 12-11-2017 Page 4 of 4 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 3:30 p.m. December 6, 2017 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: DECEMBER 11, 2017 SUBJECT: CONDITIONAL USE PERMIT NO. 2017-05940 LOCATION: 1525 North Endeavor Lane, Unit M (Anderson Fitness Institute) APPLICANT/PROPERTY OWNER: The applicant is Aaron Anderson and the property owner is Aspen Commercial Properties, represented by Tom Stull. REQUEST: The applicant requests approval of a conditional use permit to retain a physical fitness facility within an existing industrial building. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities), and approve Conditional Use Permit No. 2017-05940. BACKGROUND: The subject physical fitness facility is located within a 2,050 square foot industrial unit (Unit M), of a 32,548 square foot, multi-tenant industrial building on a 1.81-acre property. The property also includes parking and landscaping improvements. The property is located in the “I” Industrial Zone and the General Plan designates this property for Industrial land uses. The industrial building is surrounded by other industrial buildings which are all part of the “Anaheim CommerCenter” industrial complex which consists of 27 industrial buildings. The applicant originally leased the unit for equipment storage while training outdoors or at client’s homes. He began training at the site in September 2015. In June 2017, Code Enforcement issued the business owner a violation for operating a physical fitness facility without a business license and a valid conditional use permit in the Industrial Zone. Subsequently, the applicant submitted this application to resolve the violation. PROPOSAL: The applicant requests approval of a conditional use permit to retain a 2,050 square foot physical fitness facility within the Industrial Zone. The facility offers one-hour training sessions on a one-on-one basis or in small groups of up to 10 people. The applicant is the only trainer at the facility. CONDITIONAL USE PERMIT NO. 2017-05940 December 11, 2017 Page 2 of 3 Training would take place on the following days between the following hours: Monday-Thursday: 6 to 8 a.m., 9 to 10 a.m., and 5 to 8 p.m. Friday: 6 to 8 a.m. and 9 to 10 a.m. Saturday: 9 to 10 a.m. Sunday: Closed ANALYSIS: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The subject 2,050 square foot physical fitness facility is within the use class: Dance and Fitness Studios-Small. This use class consists of the use of a space less than four thousand (4,000) square feet in gross floor area for dance classes, exercise programs, health club, and general fitness training. This use class requires a conditional use permit in the Industrial Zone. A conditional use permit is required in order to determine compatibility with surrounding uses. The subject physical fitness facility is operating within the Anaheim CommerCenter complex. Tenants of the center consist of smaller businesses and light industrial uses. Staff does not anticipate that the operations of these uses will affect the subject physical fitness facility or that the physical fitness facility will affect the other uses within the center. Therefore, staff believes that the subject physical fitness studio is compatible with other uses within the Anaheim CommerCenter complex. CONDITIONAL USE PERMIT NO. 2017-05940 December 11, 2017 Page 3 of 3 The proposed use will not negatively affect parking for the surrounding uses. The Zoning Code identifies parking requirements for multi-tenant buildings by combining the parking demand for all uses operating on the site. The property owner currently provides 80 parking spaces for the 32,548 square foot multi-tenant industrial building. The Code requires four spaces per 1,000 square feet for the training facility and 1.55 spaces per 1,000 square feet for the remaining small businesses and light industrial uses. These requirements result in eight parking spaces for the subject physical fitness facility and a total of 65 spaces for the 32,548 square foot multi-tenant industrial building. Based on the scope of the project, the parking demand and traffic generated from the proposed physical fitness use will not adversely impact surrounding streets, nor will it negatively impact the businesses in the area. The applicant proposes operating hours for the fitness facility that would complement surrounding businesses. The peak operating hours for the fitness facility would be different from those of surrounding businesses. According to the applicant, morning sessions (generally 6 a.m. to 10 a.m.) are the least busy for the physical fitness facility and evening sessions (5 p.m. to 8 p.m.) are the busiest. Staff supports the proposed limited hours of operation so that the physical fitness facility would not conflict with the typical hours of operation of other businesses in the complex. A condition of approval has been included in the draft resolution requiring compliance with the proposed hours of operation and limiting the maximum number of students per training session during the peak hours of the industrial complex (between 8 a.m. and 5 p.m.). Environmental Impact Analysis: Staff recommends the Planning Commission find that the proposed project is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). This class consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of the use beyond that existing at the time of this determination, and would not cause a significant effect on the environment. The existing physical fitness facility meets these criteria. CONCLUSION: Staff believes that the proposed physical fitness business is compatible with the existing small businesses and light industrial uses in the surrounding area. The use will provide adequate parking and its hours will not adversely affect the surrounding businesses. Staff recommends approval of this request. Prepared by, Submitted by, Wayne Carvalho Susan Kim Contract Planner Acting Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Applicant’s Letter of Request 3. Photographs 4. Site Plan IDEV 2017-00107INDUSTRIAL ISELF STORAGE FACILITYIOFFICES IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL ISERVICE STATION IINDUSTRIALIINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIALIINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IOFFICES ISELF STORAGE FACILITY IINDUSTRIAL IAKUAMOTORINN IOFFICES IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IVACANT IVACANT IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL N R A Y M O N D A V E E O RANGEFAIR LN BURTON ST N E N D E A V O R L N E DI SCOVERY LNE DISCOVERY LN E ORANGEFAIR LN E DI SCOVERY LN E. LA PALMA AVE E. ORANGETHORPE AVE N . A C A C I A S T W. LA PALMA AVE 1 5 2 5 North Endeavor Lane D E V N o. 2017-00107 Subject Property APN: 267-021-34 °0 50 100 Feet Aeria l Photo:May 2016 N R A Y M O N D A V E E O RANGEFAIR LN BURTON ST N G E M I N I P L N E N D E A V O R L N E DI SCOVERY LNE DISCOVERY LN E ORANGEFAIR LN E DI SCOVERY LN E. LA PALMA AVE E. ORANGETHORPE AVE N . A C A C I A S T W. LA PALMA AVE 1 5 2 5 North Endeavor Lane D E V N o. 2017-00107 Subject Property APN: 267-021-34 °0 50 100 Feet Aeria l Photo:May 2016 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05940 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00107) (1525 NORTH ENDEAVOR LANE, UNIT M) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05940 to permit a physical fitness facility within a 2,050 square foot unit of an existing multi-tenant industrial building (referred to herein as the "Proposed Project") for that certain real property located at 1525 North Endeavor Lane, Unit M 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 1.81 acres in size and is currently developed with a 32,548 square foot industrial building. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located in the “I” Industrial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.10 (Industrial Zones) of the Anaheim Municipal Code (the "Code"); 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 (i.e., Class 1 – Existing Facilities) 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, on December 11, 2017, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2017-05940 and to investigate and make findings and recommendations in connection therewith; and 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 a physical fitness facility within an existing industrial building, does find and determine the following facts: - 2 - PC2017-*** 1. The proposed request to permit a 2,050 square foot physical fitness facility within an existing 32,548 square foot industrial building is properly one for which a conditional use permit is authorized under the classes of allowable uses set forth in Table 10-A as "Dance and Fitness Studios-Small", as referenced in paragraph .0402 of subsection .040 of Section No. 18.10.030 of the Code. 2. The proposed request to permit a physical fitness facility, as conditioned herein, would not adversely affect the abutting businesses or adjoining land uses, nor the growth and development of the area in which it is proposed to be located because the building is surrounded by compatible buildings and uses; and, the physical fitness facility would be located within an existing building with no adverse effects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the physical fitness facility 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 that is surrounded by other industrial uses. 4. The traffic generated by the physical fitness facility 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 adequate parking will be provided 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2017-05940, contingent upon and subject to the conditions of approval described 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 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 (s), (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 Anaheim Municipal Code. - 3 - PC2017-*** 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 Anaheim Municipal 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 December 11, 2017. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-*** 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 December 11, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of December, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** - 6 - PC2017-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2017-05940 (DEV2017-00107) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The operator of the fitness business shall not permit, and shall take all steps necessary, to prevent its patrons from using any portion of a public area for any exercise or physical fitness activities associated with the business. Planning and Building Department, Planning Services Division 2 The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation and hours of operation as described in that document shall be subject to review and approval by the Planning and Building Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 3 Training sessions occurring between the hours of 8:00 a.m. and 5:00 p.m. shall be limited to a maximum of 10 customers. Planning and Building Department, Planning Services Division 4 Group functions or events, including but not limited to competitions, sporting games, and group activities open to those other than registered fitness trainees shall be strictly prohibited. Planning and Building Department, Planning Services Division GENERAL CONDITIONS 5 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division - 7 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees 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. Planning and Building Department, Planning Services Division 7 The Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department, Planning Services Division 1525 N Endeavour Unit M Anaheim, CA 92801 714-658-3991 Business Operations for Anderson Fitness Institute. Anderson Fitness Institute is a private small group training facility. Anderson Fitness Institute started out as a fitness equipment storage and then transitioned into a small group training facility a few years ago. Parking has never been an issue at the location. The classes range in size from one person per hour to ten people per hour. The 7am, and 9am classes on average have about three members. The 6pm and 7pm classes range from five to ten members per hour. Anderson Fitness Institute conducts training through the execution of basic health and fitness activities such as strength training and callisthenic. The building size is approximately 2,050sqft with roughly 450sqft of office space. Hours of operation: Monday- 6am,7am,9am,5pm,6pm,7pm Tuesday- 6am,7am,9am,5pm,6pm,7pm Wednesday- 6am,7am,9am,5pm,6pm,7pm Thursday- 6am,7am,9am,5pm,6pm,7pm Friday- 6am,7am,9am Saturday- 9am Sunday- closed Anderson Fitness Institute hours of operation compliment the surrounding business as the class times are on off times for the surrounding businesses. Parking calculations state that 57 parking spots are needed and there are a total of 78 parking spots on location. ATTACHMENT NO. 2 ANDERSON FITNESS INSTITUTE                      FRONT OF BUILDING     ATTACHMENT NO. 3   REAR OF BUILDING         INTERIOR OF UNIT M   A T T A C H M E N T N O . 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: DECEMBER 11, 2017 SUBJECT: TENTATIVE PARCEL MAP NO. 2017-100 LOCATION: 1365-1367 South Van Buren Street APPLICANT/PROPERTY OWNER: The applicant is Jay Tanjuan representing Panattoni Development Manager, Inc. The property owner is CP Logistics Van Buren, LLC. REQUEST: The applicant is requesting approval of a Tentative Parcel Map to permit a 4-lot industrial subdivision with two lots located within the City of Placentia and two lots located within the City of Anaheim. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution determining that this request is categorically exempt under the California Environmental Quality Act (Class 15, Minor Land Divisions), and approving Tentative Parcel Map No. 2017-100. BACKGROUND: The approximate 10-acre property is a vacant lot that was previously used for farming. The northern half (4.9 acres) of the property is located within the City of Placentia and the southern half (4.9 acres) of the property is located within the City of Anaheim. The portion of the subject property that is located within the City of Anaheim is designated by the General Plan for Industrial land uses and is located in Development Area 1 (DA-1) of the Anaheim Canyon Specific Plan (ACSP). The northern half of the property is designated for Industrial land uses by the City of Placentia General Plan and is located in their Manufacturing (M) zoning district. The property is surrounded by industrial uses on all sides, with the exception of the northeast corner of the property in Placentia, which is adjacent to single-family residential land uses. TENTATIVE PARCEL MAP NO. 2017-100 December 11, 2017 Page 2 of 3 PROPOSAL: The applicant proposes to subdivide the approximate 10-acre parcel into a 4-lot industrial subdivision. The newly-proposed parcels would be subdivided as follows: This application only pertains to the discretionary approval of the proposed Tentative Parcel Map. The applicant has concurrently submitted a separate application to the Building Division to permit the construction of two industrial buildings, one on each of the proposed lots within the City of Anaheim. The construction of the industrial buildings is permitted by right in DA- 1 of the ACSP and does not require Planning Commission approval. FINDINGS AND ANALYSIS: Tentative Parcel Map: Before the Planning Commission may approve the tentative parcel map, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed subdivision of the property, including its design and improvements, is consistent with the General Plan of the City of Anaheim. 2) That the proposed subdivision of the property, as shown on Tentative Parcel Map No. 2017-100, including its design and improvements, is consistent with the zoning and development standards of Development Area 1 of the Anaheim Canyon Specific Plan. 3) That the site is physically suitable for the type and density of the proposed project. 4) That the design of the subdivision, as shown on Tentative Parcel Map No. 2017- 100, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5) That the design of the subdivision, as shown on Tentative Parcel Map No. 2017- 100 or the type of improvements is not likely to cause serious public health problems. 6) That the design of the subdivision, as shown on Tentative Parcel Map No. 2017- 100, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. Parcel No. Area (acres) Current Land Use Jurisdiction 1 2.051 Vacant Placentia 2 2.932 Vacant Placentia 3 2.355 Vacant Anaheim 4 2.628 Vacant Anaheim TENTATIVE PARCEL MAP NO. 2017-100 December 11, 2017 Page 3 of 3 The proposed subdivision would create four separate parcels. No physical modifications to the property or buildings are included with this application. A recommended condition of approval requires the recordation of a reciprocal easement agreement for ingress and egress, parking, maintenance, and trash pick-up for the entire property to ensure that adequate access is provided for all parcels. The proposed subdivision would not cause substantial environmental damage, serious public health problems, nor conflict with any existing easements, as the proposed parcels would remain industrially zoned as designated by DA-1 of the ACSP and the General Plan. The applicant has also filed an application for a Tentative Parcel Map with the City of Placentia for the subdivision of the northerly half of the subject property. Based on discussions with the City of Placentia and the County of Orange staff, if the request is approved by both cities, the final parcel map will be recorded at the County under one parcel map number to ensure consistency between the two tentative parcel maps. Environmental Impact Analysis: Staff recommends the Planning Commission find that the proposed project is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15315, Class 15 (Minor Land Divisions). This class consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels. In order to qualify for this exemption, such land divisions must be in conformance with the General Plan and zoning, with no variances or exceptions; all services and access to the proposed parcels to local standards must be available; the property shall not have been involved in a division of a larger parcel within the previous two years; and, the property must have an average slope of less than 20 percent. The proposed four-lot industrial subdivision meets these criteria. The property was previously used for farming and is designated by the State as “Prime Farmland.” As a result of Prime Farmland being converted to a non-agricultural use, a Land Evaluation and Site Assessment (LESA) was performed to determine the project’s significance with respect to agricultural resources under CEQA. Based on the LESA, it was determined that no significant impact would occur as a result of the conversion to non-agricultural use. CONCLUSION: Staff recommends approval of the requested industrial subdivision because the request complies with the goals of the General Plan and the development standards of DA-1 of the ACSP. Additionally, the subdivision will provide reciprocal access and parking between the four proposed parcels to ensure sufficient access to all four parcels. For these reasons, staff recommends approval of this request. Prepared by, Submitted by, Joanne Hwang Susan Kim Associate Planner Acting Planning Services Manager Attachments: 1. Draft Tentative Parcel Map Resolution 2. Tentative Parcel Map No. 2017-100 3. Site Photographs 4. Letter of Request SP 2015-1DEV 2017-00066 SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1OFFICES SP 2015-1DA1OFFICES SP 2015-1DA1OFFICES SP 2015-1DA1OFFICES SP 2015-1DA1OFFICES SP 2015-1DA1OFFICES SP 2015-1DA1OFFICES SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK Industrial Industrial SingleFamilyResidences E M IR ALOMA AVE N V A N B U R E N S T VINCENTE AVE LA PA LOMA AVE S V A N B U R E N S T SIE RR A VISTA AVE SIE RR A MADRE CIR E .M I R A L O M A AVE E. LA PALMA AVEN . M I L L E R S T S . R I C H F I E L D R DE. ORANGETHORPE AVE 7 1 1 -7 21 South Van Buren St reet (Placentia) and 1 3 6 5 -1367 South Van Buren Street (Anaheim) D E V N o. 2017-00066 Subject Property APN: 346-164-29346-164-03 °0 50 100 Feet Aeria l Photo:May 2016 City of Anaheim City of Placentia E M IR ALOMA AVE N V A N B U R E N S T VINCENTE AVE LA PA LOMA AVE S V A N B U R E N S T SIE RR A VISTA AVE SIE RR A MADRE CIR E .M I R A L O M A AVE E. LA PALMA AVEN . M I L L E R S T S . R I C H F I E L D R DE. ORANGETHORPE AVE 7 1 1 -7 21 South Van Buren St reet (Placentia) and 1 3 6 5 -1367 South Van Buren Street (Anaheim) D E V N o. 2017-00066 Subject Property APN: 346-164-29346-164-03 °0 50 100 Feet Aeria l Photo:May 2016 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2017-100 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00066) (1365–1367 SOUTH VAN BUREN STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition for Tentative Parcel Map No. 2017- 100 to establish a four lot industrial subdivision, with two lots located within the City of Placentia and two lots within the City of Anaheim (herein referred to as the "Parcel Map") for certain real property located at 1365-1367 South Van Buren Street 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, consisting of approximately 10 acres, is currently vacant. The Property is located in the Industrial Area (Development Area 1) of the Anaheim Canyon Specific Plan and is subject to the zoning and development standards of Section 18.120.040 of Chapter 18.120 (Anaheim Canyon Specific Plan - SP2015-1) of the Anaheim Municipal Code combined with the zoning and development standards of the underlying base zone for Development Area 1, which is the “I” Industrial Zone. 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 December 11, 2017 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 17.08 of the Anaheim Municipal Code, to hear and consider evidence for and against proposed Tentative Parcel Map No. 2017-100 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 Implementation of CEQA (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 Property was previously used for agriculture and is designated by the State of California as "Prime Farmland"; because the Proposed Project contemplates the conversion of Prime Farmland to non-agricultural uses, a Land Evaluation and Site Assessment was performed to determine the project's significance with respect to agricultural resources under CEQA. Based on the Land Evaluation and Site Assessment, it was determined that no significant impact would occur as a result of the conversion to non-agricultural use; and - 2 - PC2017-*** 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 15 – Minor Land Divisions) which consist of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan, and that, therefore, pursuant to Section 15315 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, 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 Tentative Parcel Map No. 2017-100, does find and determine the following facts: 1. The proposed Parcel Map, including its design and improvements, is consistent with the Industrial land use designation in the Anaheim General Plan and, more specifically, the Anaheim Canyon Specific Plan (SP2015-1) and with the zoning and development standards contained in Chapter 18.120 of the Code; and 2. The site is physically suitable for the type and density in conformance with the development standards of Development Area 1 of the Anaheim Canyon Specific Plan Zone and Section 18.120.080 of Chapter 18.120 of the Code; and 3. The design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified in the vicinity; and 4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, as any new industrial buildings proposed will be constructed in compliance with the zoning and development standards contained in Section 18.120.080 of Chapter 18.120 of the Code for Development Area 1 of the Anaheim Canyon Specific Plan; and 5. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2017-100, contingent upon and subject to the conditions of approval described 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 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(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 3 - PC2017-*** 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 December 11, 2017. Said Resolution is subject to the appeal provisions set forth in Chapter 17.08 (“Subdivisons"Zoning Provisions - General”) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-*** 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 December 11, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of December, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** - 6 - PC2017-*** EXHIBIT “B” TENTATIVE PARCEL MAP NO. 2017-100 (DEV2017-00066) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO RECORDATION OF PARCEL MAP 1 The final map shall be submitted to and approved by the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and to ensure that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. Public Works – Development Services 2 The final map shall be submitted to and approved by the City of Placentia. Public Works – Development Services 3 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement of 2.5 feet in width from the existing ROW of Van Buren Street (also being the City boundary) so that the half width of Van Buren Street is 32 feet from the street centerline for road, public utilities, and other public purposes. This dedication shall be completed per separate instrument if the development intends to pull Building Permits prior to the recordation of the final parcel map. Public Works – Development Services 4 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim:  An easement of 15-foot in width and 20-foot in width for sanitary sewer purposes as shown on the approved Tentative Parcel Map;  An easement of 20-foot in width and 40-foot in width for ingress and egress purposes in order to maintain public sewer facilities as shown on the approved Tentative Parcel Map; and  Easements for sidewalk and curb ramp purposes to provide ADA accessible path of travel (4 feet minimum) around the proposed driveway locations within the City of Anaheim to the satisfaction of the City Engineer. Public Works – Development Services 5 An improvement certificate shall be placed on the final map to indicate that:  All street improvements along Van Buren Street per the latest version of the City of Anaheim and the City of Placentia Public Works Standard Details at the time of construction and as approved by the City Engineer shall be constructed prior to final building and zoning inspections as directed by the City Engineer for future building or grading site development plans; and  All required public sewer and storm drain improvements per the latest City of Anaheim and City of Placentia requirements and standards at the time of construction and as approved by the City Engineer shall be constructed prior to final building and zoning inspections as directed by the City Engineer for future building or grading site development plans. Public Works – Development Services - 7 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The developer shall post a Monumentation Bond in an amount approved by the City Engineer and in a form approved by the City Attorney. Public Works – Development Services 7 The legal property owner shall submit to the City for review and approval of a Reciprocal Easement Agreement (REA) for the benefit of Parcel 3 over Parcels 1, 2, and 4 and for the benefit of Parcel 4 over Parcels 1 and 2 for access, ingress/egress, parking, signage, utility, and drainage purposes. The REA (i) must run with the land in perpetuity, (ii) shall inure to the benefit of, and be enforceable by, the City by any legal or equitable means against any person or persons in actual possession of the properties who directly or through any agent violate the terms hereof; and (iii) shall not be modified, supplemented or amended without the City's prior written consent. The REA shall be reviewed and approved by the City Attorney prior to its execution and recordation in the Official Records of the County of Orange. The REA shall be recorded prior to recordation of the Final map. A copy of the recorded covenant shall then be submitted to the Planning Department. The covenant shall be referenced in all deeds transferring all or any part of the interest in the property. The Final Map shall reference the recordation information of the REA. Planning and Building Department & Public Works – Development Services 8 A maintenance covenant shall be submitted to the Public Works, Development Services Division and approved by the City Attorney’s Office. The covenant shall include provisions for maintenance of private facilities and private utilities, including compliance with an approved Water Quality Management Plan, if any, and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation, private utilities, etc. The covenant shall be recorded in the Office of the Orange County Recorder concurrently with the Final Map. Public Works – Development Services GENERAL CONDITIONS 9 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnities 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. Planning and Building Department - 8 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department 11 The premises shall be developed substantially in accordance with the plans and specifications submitted to and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department. Planning and Building Department A T T A C H M E N T N O . 2 Tentative Parcel Map 2017-100 Site Photographs Looking West ATTACHMENT NO. 3 Looking North Looking South ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.