Resolution-PC 2021-018RESOLUTION NO. PC2021-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2020-06090 AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2020-00269)
(2000 CORPORATE WAY)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred
to as the "Planning Commission") did receive a verified petition to approve Conditional
Use Permit No. 2020-06090 to permit an adult day care facility within an existing industrial
office building (the "Proposed Project"), at a certain real property located at 2000
Corporate Way in the City of Anaheim, County of Orange, State of California, as generally
depicted on Exhibit A attached hereto and incorporated herein by this reference (the
"Property"); and
WHEREAS, the Property is approximately 1.85 -acres and is currently
developed with an existing one-story industrial office building. The Property is designated
for Industrial land uses by the Anaheim General Plan. The Property is also located in the
"I" Industrial zone and is subject to the zoning and development standards contained in
Chapter 18.10 (Industrial Zones) of the Code; and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of
Emergency in California as a result of the threat of COVID-19. On March 17, 2020,
Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act -related
provisions of Executive Order N-25-20 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
observe and to address the local legislative body; and
WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission
did hold a teleconferencing and in-person public hearing at the Civic Center in the City of
Anaheim on May 24, 2021 at 5:00 p.m. and 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
Conditional Use Permit No. 2020-06090 and to investigate and make findings and
recommendation 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 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 Procedures , the City is the
"lead agency" for the preparation and consideration of environmental documents for the
Proposed Project; and
- I - PC2021-018
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
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, 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 2020-06090,
does find and determine the following:
1. The Proposed Project is an allowable use within the "I" Industrial Zone under
subsection .010 of Section 18.10.030.010 (Uses) of Chapter 18.10 (Industrial Zone)
of the Code, subject to a conditional use permit and the zoning and development
standards of the "I" Industrial Zone.
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, because
the adult day care center would be located within an existing industrial office
building and would be compatible with the surrounding residential, commercial,
and industrial land uses. Further, the project would meet the AMC required number
of parking spaces, traffic generated by the proposed use would not impose an undue
burden on streets and highways in the area, and adequate on-site circulation and
access would be provided.
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 because the proposed use would occupy a suite
within an existing building without any expansion, and accommodate the parking,
traffic flows, and circulation without creating detrimental effects on adjacent
properties.
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
because the traffic generated by this use will not exceed the anticipated volumes of
traffic on the surrounding streets.
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 in that any potential impacts on the surrounding uses would be minimal;
and
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
- 2 - PC2021-018
presentations, the staff report and all materials in the project files. There is no substantial
evidence, nor are there other facts, that negate 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, pursuant to the above findings,
this Planning Commission does hereby approve Conditional Use Permit No. 2020-06090,
contingent upon and subject to 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 that portion of the Property for which Conditional Use
Permit No. 2020-06090 is applicable in order to preserve the health, safety and general
welfare of the citizens of the City of Anaheim. Extensions for further time to complete
conditions of approval may be granted in accordance with Section 18.60.170 of the Code.
Timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition, (ii) the modification complies
with the Code, and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or
revocation of this permit may be processed in accordance with Chapters 18.60.190
(Amendment to Permit Approval) and 18.60.200 (City -Initiated Revocation or
Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set forth. Should any such
condition, or any part thereof, be declared invalid or unenforceable by the final judgment
of any court of competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Code and any
other applicable City, State and Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any other applicable ordinance,
regulation or requirement.
- 3 - PC2021-018
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 24, 2021. 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.
CH ERSON PRO -TE ORE, PLANNING COMMISSION
OF THE CITY OF ANAHE
- 4 - PC2021-018
ATTEST:
v � V
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Simonne Fannin, 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 May 24, 2021, by the
following vote of the members thereof:
AYES: COMMISSIONERS
NOES: COMMISSIONERS:
KRING, MEEKS, MULLEADY,
PEREZ, 'VADODARIA, WHITE
NONE
ABSENT: COMMISSIONERS: KEYS
IN WITNESS WHEREOF, I have hereunto set my hand this 24h day of May,
2021.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- s - PC2021-01 s
w ArarrnL DA �.._...I
STANFORD COURT I
o µIaARTlOR DI
I W lIA3TJhG5 N'AY
_ I
r W AtAMEDA AVE
RM4
CHATEAU DE VILLE
APARTMENTS
254 DU
EXHBIT "A"
(DEV2020-002690
It1oU••STRUIL - f
INDUSTRIAL
I
INDUSTRIAL
1
INDUSTRIAL
W CORPORATE WAY
W
I
DcY2020OD2dG INDUSTRIAL a
INDUSTRIAL �
ir
I I l --W
INDUSTRIAL RELIGIOUS USE
yr INDUSTRAL
b O ¢ tt Yi
RS_2
F--
0 SINGLE FAMILY S IGLE FAMILY .. SINGLE FAMILY > -F-
-- Q RESIDENCE RESIDENCE x J
_ RESIDENCE d
Q T m z .
i Z '1a4r{D.I 9NDUSTRIAL
DPM: 072-07 t-22
Subject Property - •.•"";•�' o -
E�w'cR t�,re
DEV No 2020-00269
2000 West Corporate Way -
- 6 - PC2021-018
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2020-06090
(DEV2020-00269)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1
All requests for new water services, backflow equipment, or fire lines,
Public Utilities
as well as any modifications, relocations, or abandonments of existing
Department,
water services, backflow equipment, and fire lines, shall be
Water Engineering
coordinated and permitted through Water Engineering Division of the
Division
Anaheim Public Utilities Department.
2
The Owner/Developer shall submit to the Public Utilities Department
Public Utilities
Water Engineering Division an estimate of the maximum fire flow rate
Department,
and maximum day and peak hour water demands for the project. This
Water Engineering
information will be used to determine the adequacy of the existing
Division
water system to provide the estimated water demands. Any off-site
water system improvements required to serve the project shall be done
in accordance with Rule No. 15A. I of the Water Utility Rates, Rules,
and Regulations.
PRIOR TO TSE BUILDING AND ZONING INSPECTIONS
3
The Owner/Developer shall install an approved backflow prevention
Public Utilities
assembly on the water service connection(s) serving the property,
Department,
behind property line and building setback in accordance with Public
Water Engineering
Utilities Department Water Engineering Division requirements.
Division
4
All backflow equipment shall be located above ground outside of the
Public Utilities
street setback area in a manner fully screened from all public streets
Department,
and alleys. Any backflow assemblies currently installed in a vault will
Water Engineering
have to be brought up to current standards. Any other large water
Division
system equipment shall be installed to the satisfaction of the Water
Engineering Division outside of the street setback area in a manner
fully screened from all public streets and alleys. Said information shall
be specifically shown on plans and approved by Water Engineering
and Cross Connection Control Inspector.
5
All existing water services and fire services shall conform to current
Public Utilities
Water Services Standards Specifications. Any water service and/or fire
Department,
line that does not meet current standards shall be upgraded if continued
Water Engineering
use is necessary or abandoned if the existing service is no longer
Division
needed. The Owner/Developer shall be responsible for the costs to
upgrade or to abandon any water service or fire line.
- 7 - PC2021-018
NO. I CONDITIONS OF APPROVAL
6 "PASSENGER LOADING ONLY' marking and sign (R25C) shall be
installed at the passenger pick-up/drop-off area.
GENERAL
RESPONSIBLE
DEPARTMENT
Public Works
Department,
Traffic Engineering
7
The Owner shall be responsible for restoring any special surface
Public Utilities
improvements, other than asphalt paving, within any right-of-way,
Department,
public utility easement or City easement area including but not limited
Water Engineering
to colored concrete, bricks, pavers, stamped concrete, walls, decorative
Division
hardscape or landscaping that becomes damaged during any
excavation, repair or replacement of City owned water facilities.
Provisions for maintenance of all said special surface improvements
shall be included in the recorded Master CC&Rs for the project and the
City easement deeds.
8
The following minimum horizontal clearances shall be maintained
Public Utilities
between proposed water main and other facilities:
Department,
* 10 -feet minimum separation (outside wall -to -outside wall)
Water Engineering
from sanitary sewer mains and laterals
Division
• 5 -feet minimum separation from all other utilities, including
storm drains, gas, and electric
• 6 -feet minimum separation from curb face
• 10 -feet minimum separation from structures, footings, and
trees.
The following minimum clearances shall be provided around all new
and existing public water facilities (e.g. water mains, fire hydrants,
service laterals, meters, meter boxes, backflow devices, etc.):
• 10 feet from structures, footings, walls, stormwater BMPs,
power poles, street lights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and all other
utilities (e.g. storm drain, gas, electric, etc.) or above ground
facilities.
9
No public water mains or laterals allowed under parking stalls or
Public Utilities
parking lots.
Department,
Water Engineering
Division
10
Ongoing during project operations, vehicle deliveries including
Public Works
loading and unloading shall be performed on site. Delivery vehicles
Department,
shall not block any part of the public right of way.
Traffic Engineering
-8 - PC2021-018
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
I1
Ongoing during project operations, day care participants' pick-
Public Works
up/drop-off by transportation services, including OCTA Access, shall
Department,
be performed on site. Passenger pick-up/drop-off shall not take place
Traffic Engineering
on any part of the public right of way.
12
All vehicles associated with this facility, including staff, visitors and
Public Works
transportation services, shall be operable and parked on site.
Department,
Traffic Engineering
13
Vehicle gates shall not be installed across the project driveways or
Public Works
access roads as the site design does not allow any such gates to conform
Department,
to City of Anaheim Engineering Standard Detail 475 pertaining to gate
Traffic Engineering
set back distance, turnaround area, guest phone, separate lane for guest
access, and minimum width for ingress/egress as required by the Fire
Department. Should gates be desired in the future, gates shall comply
with the current version of City of Anaheim Engineering Standard
Detail 475 and are subject to approval by the City Engineer.
14
All new landscaping shall be installed in conformance with Chapter
Planning & Building
18.46 "Landscape and Screening" of the Anaheim Municipal Code and
Department,
shall be maintained in perpetuity. Landscaping shall be replaced in a
Planning Services
timely manner in the event that it is removed, damaged, diseased and/or
Division
dead.
15
The business shall be operated in accordance with the Letter of Request
Planning and Building
submitted as part of this application. Any changes to the business
Department,
operation as described in that document shall be subject to review and
Planning Services
approval by the Planning Director to determine substantial
Division
conformance with the Letter of Request and to ensure compatibility
with the surrounding uses.
16
The Applicant shall defend, indemnify, and hold harmless the City
Planning & Building
and its officials, officers, employees and agents (collectively referred
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 - PC2021-018
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
17
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
Planning & Building
issuance of final invoice or prior to the issuance ofbuilding permits
Department,
for this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
Division
revocation of the approval of this application.
18
The property shall be developed substantially in accordance with plans
Planning & Building
and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department.
Planning Services
Division
- 10 - PC2021-018