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Resolution-PC 2020-044 WHEREAS, the Planning Commission of the City of Anaheim (herein referred Conditional adult day care facility within an existing office in the City of , is currently a he Anaheim G" General Commercial Zone and is al WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of 19. On March 17, 2020, related 20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeing to 20 the Planning Commission did hold a teleconferencing public hearing at the Civic Center in the City of Anaheim on c 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 Conditional Use Permit ndings and recommendation in connection WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred nia Guidelines for Implementation of the California Environmental Quality Act (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 reparation and consideration of environmental documents for 044 Exhibit A subject to the zoning and development standards contained in Chapter 18.08 (Commerci and - ND MAKING CERTAIN FINDINGS IN CONNECTION 20 story storage building, - 20 (superseding the Brown Act20 CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMITPC Anaheim, County of Orange, State of California, as generally depicted on a verified petition to approve and s by t A RESOLUTION OF THE PLANNING COMMISSION OF THE 1125 North Magnolia Avenue e ; acres in siz ") land use y d herein by this reference (the "Propert ) NORTH MAGNOLIA AVENUE - Low Emergency in California as a result of the threat of COVID 044 - - - 1.5 , one 29 - - Office - 20 , 2020 at 5:00 p.m. and notice of said publi WHEREAS, the Property, approximately WHEREAS, pursuant to Executive Order N ) 20 o address the local legislative body; and office building 00167 - General Plan. The Property is also located in the "C RESOLUTION NO. PC THEREWITH for - - 1 29 designated - and to investigate and make fi - - to as the "Planning Commission") did receive DEV2020 at Governor Newsom issued Executive Order N certain real property located an permit story - to as “CEQA”), the State of Califor ( . The Property is 25 - - to der N two 1125 attached hereto and incorporate existing 06080 the Proposed Project; and provisions of Executive Or the "lead agency" for the p ( A Code; and 06080 - 2020 surface parking lot n developed with a - Use Permit No. 80 2020 Zones) of the therewith; and 060 observe and t a t November 9 . a - , NO No. 2020 building his Resolution. , investigation and the effects of ss 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 Section 15301 of Title 14 of the California Code of Regulations, the proposed project will study made by itself and in its behalf, and after due consideration of all evidence and reports , That the proposed use is properly one for which a conditional use permit is That the proposed use will not adversely affect the adjoining land uses, or because all day care services would be provided inside the building, and adequate parking would be That the size and shape of the site proposed for the use is adequate to allow ot detrimental to either the proposed use would occupy the existing would be the proposed use will not impose an undue because the traffic generated by this use will not exceed the anticipated volumes of traffic 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 Planning Commission determines that the evidence in the support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial idence 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 at, therefore, pursuant to mpt in the General Commercial Planning Commission expressly declares that it considered all evidence presented and burden upon the streets and highways designed and improved to carry the traffic in the area rsuant to Section 18.08.030044 06080 and , Cla - not cause a significant effect on the environment and is, therefore, categorically exe 20 uses would be minimal; i.e. - 20 2020 roject are typical of those generated within that class of projects ( and vehicular circulation PC , for Conditional Use Permit WHEREAS, the Planning Commission finds and determines that the growth and development of the area in which it is proposed to be located reached these findings after due consideration of all evidence presented to it. from the findings made in t Planning Commission, after due inspection use beyond that existing at the time of this determination, and th pu an adult day care facility on the surrounding the full development of the proposed use, in a manner n permit and adequate parking a conditional use - offered at said hearing with respect to the request 2 the negate - because That the traffic generated by record constitutes substantial evidence to s evidence, nor are there other facts, that impact nd and determine the following: allows particular area or health and safety approval of from the provisions of CEQA; and any potential pansion, which this this . s on the surrounding street WHEREAS, WHEREAS, building without any ex authorized by the CodeG) Zone subject to of Anaheim in that on site.. on site P roposed . of the Code provided provided 1)2)3))) 4 5 does fi P This the - – 1 ev (C , 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 , day of 2020-044 November 9, 2020 ARMSTRONG, KEYS, LIEBERMAN, MEEKS, th ECRETARY, PLANNING COMMISSION 9 PC N WITNESS WHEREOF, I have hereunto set my hand this MULLEADY, VADODARIA, WHITE on meeting of the Planning Commission of the City of Anaheim held OF THE CITY OF ANAHEIM 4 - - ng vote of the members thereof: NONENONE S COMMISSIONERS:COMMISSIONERS:COMMISSIONERS: ) ss. ) ) COUNTY OF ORANGE CITY OF ANAHEIM STATE OF CALIFORNIA November, 2020. by the followi II SENT: S:S: AYENOE AB 044 - 20 20 PC - 5 - Development Services Development Services Development Services Water Engineering Water Engineering RESPONSIBLE neering Public Utilities Public Utilities DEPARTMENT Works Public Works Public Works Public Utilities tment, Department, Department, Department,Department,Department, DivisionDivisionDivisionDivisionDivisionDivision Water Engi Public 044 Depar - 20 20 PC of existing Water Engineering Division an estimate of the maximum fire flow rate water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, walls, erosion control, slope easements and other pertinent information coordinated and permitted through Water Engineering Division of the and maximum day and peak hour water demands for the project. This site Development Services Division and post a security for construction of behind property line and building setback in accordance with Public final grading plan showing building footprints, pad elevations (if any), finished grades, drainage routes, retaining in accordance with Anaheim Municipal Code and the California ll requests for new water services, backflow equipment, or fire lines, water services, backflow equipment, and fire lines, shall be e Owner/Developer shall submit to the Public Utilities Department he existing Way Construction Permit (RCP) from the All site grading shall be completed in accordance with the backflow prevention assembly on the water service connection(s) serving the property, - 06080 water system to provide the estimated water demands. Any off Utilities Department Water Engineering Division requirements. - information will be used to determine the adequacy of t 2020 as well as any modifications, relocations, or abandonments BUILDING AND ZONING INSPECTIONS ONAL USE PERMIT NO. AL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ) GRADING PERMIT Owner/Developer shall install an approved 00167 CONDITIONS OF APPROV EXHIBIT “B” way. - 6 - - 20 - of (DEV20 Anaheim Public Utilities Department. - any improvements within street right approved/permitted grading plans. ng Code, latest edition. PRIOR TO THE ISSUANCE OF A CONDITI Prepare and submit a - of - Obtain a Right and Regulations. PRIOR TO THE Buildi he Th AT NO. 123456 Water Engineering RESPONSIBLE Water EngineeringWater EngineeringWater Engineering Public Utilities DEPARTMENT Public UtilitiesPublic UtilitiesPublic Utilities Department, Department, Department, Department, DivisionDivisionDivisionDivision 044 - 20 20 PC and alleys. Any backflow assemblies currently installed in a vault will system equipment shall be installed to the satisfaction of the Water line that does not meet current standards shall be upgraded if continued public utility easement or City easement area including but not limited Provisions for maintenance of all said special surface improvements and existing public water facilities (e.g. water mains, fire hydrants, street setback area in a manner fully screened from all public streets information shall be specifically shown on plans and approved by Water Engineering Water Services Standards Specifications. Any water service and/or fire way, , walls, decorative s for the project and the feet minimum separation from all other utilities, including The following minimum clearances shall be provided around all new 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground ll backflow equipment shall be located above ground outside of the to current standards. Any other large water Engineering Division outside of the street setback area in a manner existing water services and fire services shall conform to current g service is no longer needed. The Owner/Developer shall be responsible for the costs to The Owner shall be responsible for restoring any special surface hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. The following minimum horizontal clearances shall be maintained outside wall) feet minimum separation from structures, footings, and ater BMPs, - of - improvements, other than asphalt paving, within any right service laterals, meters, meter boxes, backflow devices, etc.): 10 feet from structures, footings, walls, stormw - to - wall upgrade or to abandon any water service or fire line. fully screened from all public streets and alleys. Said to colored concrete, bricks, pavers, stamped concrete AL between proposed water main and other facilities: feet minimum separation from curb face CONDITIONS OF APPROV feet minimum separation (outside use is necessary or abandoned if the existin shall be included in the recorded Master CC&R from sanitary sewer mains and laterals - 7 power poles, street lights, and trees. - and Cross Connection Control Inspector. storm drains, gas, and electric have to be brought up City easement deeds. facilities. trees. -- 10--10 56 All GENERAL A NO. 78910 Planning and Building Planning and Building Planning & Building Traffic Engineering Traffic Engineering Traffic Engineering Code Enforcement Planning Services RESPONSIBLE Water Engineering Planning Services DEPARTMENT Public Works Public Works Public Works Public Utilities Department, Department, Department,Department,Department,Department,Department, DivisionDivisionDivisionDivisionDivisionDivisionDivision 044 - 20 20 PC 18.46 “Landscape and Screening” of the Anaheim Municipal Code and ed, diseased and/or submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and on site. Delivery vehicles off shall not take place on shall be maintained in perpetuity. Landscaping shall be replaced in a the Letter of Request and to ensure compatibility public water mains or laterals allowed under parking stalls or during project operations, vehicle deliveries including -off by transportation services, including OCTA Access, shall be during project operations, vehicle gates shall remain open All new landscaping shall be installed in conformance with Chapter Any graffiti painted or marked upon the premises or on any adjacent area under the control of the business owner shall be removed or in accordance with the Letter of Request approval by the Planning Director to determine substantial up/drop - pick ngoing during project operations, day care participants AL timely manner in the event that it is removed, damag shall not block any part of the public right of way. CONDITIONS OF APPROV being applied. - 8 - up/drop loading and unloading shall be performed - - any part of the public right of way. performed on site. Passengers pick painted over within 24 hours of The business shall be operated with the surrounding uses. during business hours. conformance with parking lots. ngoing Ongoing dead. No OO NO. 11121314151617 ng Planning & Building Planning & Building RESPONSIBLE Planning ServicesPlanning ServicesPlanning Services Planning & Buildi DEPARTMENT Department,Department,Department, DivisionDivisionDivision 044 - 20 20 PC The Applicant shall defend, indemnify, and hold harmless the City agents (collectively referred review, set aside, void, or annul the decision of the Indemnitees against or incurred by Indemnitees and costs of suit, claim or costs, liabilities and expenses incurred by Indemnitees in connection Failure to pay all charges shall may result in the with plans to individually and collectively as “Indemnitees”) from any and all brought against Indemnitees to attack, t 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 The Applicant’s indemnification is intended to limited to, damages, fees and/or costs awarded litigation, including without limitation attorneys’ fees and other The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the he issuance of building permits and specifications submitted to the City of Anaheim by the applicant accordance . Department AL or result in delays in the issuance of required permits CONDITIONS OF APPROV The property shall be developed substantially in - and which plans are on file with the Planning revocation of the approval of this application. 9 - and its officials, officers, employees and issuance of the final invoice or prior to t for this project, whichever occurs first. claims, actions or proceedings concerning this permi proceeding. include, but not be attached thereto. with such NO. 181920