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Resolution-PC 2021-025 ed WHEREAS, the Planning Commission of the City of Anaheim (herein referred Conditional child day care facility within an existing at in the City of Anaheim, County of Orange, State of and is subject to the zoning and development WHEREAS, the Planning Commission did hold a public hearing at the Civic 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 r 18.60 (Procedures) of the Code, to hear and consider evidence for and against and to investigate and make findings 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 fornia Code of Regulations; herein referred , the City is the "lead agency" for the preparation and consideration of environmental documents for the the effects of , Class Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of 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 project will attached hereto and incorporated herein by currently with an approximately 1,770 square foot, one story, vacant office building and Low mpt 025 certain real property located erty is also locat - not cause a significant effect on the environment and is, therefore, categorically exe ND MAKING CERTAIN FINDINGS IN CONNECTION 1 designated for 2 i.e. 20 roject are typical of those generated within that class of projects ( and is CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMITPC Section 15301 of Title 14 of the California Code of Regulations, the proposed a verified petition to approve A RESOLUTION OF THE PLANNING COMMISSION OF THE anning Commission finds and determines that Code; and 8,468 square feet he Anaheim General Plan. The Prop The Property is s to as the "CEQA Guidelines"), and the City's Local CEQA Procedure ) Zones) of the 876 SOUTH HARBOR BOULEVARD 025 WHEREAS, pursuant to and in accordance with - a t 1 approximately 2 a ) 20 , 041 (the “Proposed Project”) car garage and surface parking area. RESOLUTION NO. PC THEREWITH Commercial 6 , 2021 - 009and recommendation in connection therewith; and 1 060 - Environmental Quality Act (Title 14 of the Cali - to as the "Planning Commission") did receive 1 t A - DEV202 August 2 1 a Exhibi proposed Conditional Use Permit No. 202 permit zone WHEREAS, the Property is ( (08 California, as generally depicted on Low Intensity Office Center in the City of Anaheim on dards contained in Chapter 18. and to s by t from the provisions of CEQA; and ; 876 South Harbor Boulevard WHEREAS, the Pl ") 6 0609 land use y this reference (the "Propert commercial office building ( A - Proposed Project; and 6 1 609 202 Density Residential 0 Use Permit No. - 2021 P " roposed - attached two . L - developed of Chapte NO O in the " existing P the stan – 1 , investigation and after due consideration of all evidence and reports , ) of the Code, subject to a conditional use permit and the zoning because the majority of day care services and operations would be provided inside the d area would be limited and supervised by foot high concrete block wall from the neighboring properties to the north and east to help reducing e project would meet the AMC generated by the proposed use would not site 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 an existing and accommodate the parking, traffic flows, and That the traffic generated by the proposed use will not impose an undue burden because the traffic generated by this use will not exceed the anticipated volumes of 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 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 nce 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 Planning Commission expressly declares that it considered all evidence presented and ill not adversely affect the adjoining land uses, or the uses would be minimal; This Officeed and improved to carry the traffic in the area 08025 6 9.030.010 (Uses) of Chapter 18. - 060 - lution. and adequate on 1 2 Low Intensity - 20 1 , 202 growth and development of the area in which it is proposed to be located PC proposed use would circulation without creating detrimental effects on adjacent properties. for Conditional Use Permit the findings made in this Reso reached these findings after due consideration of all evidence presented to it. . Zone - Planning Commission, after due inspection staff. In addition, the outdoor playground is separated by a six Low Intensity Office impose an undue burden on streets and highways in the area, " on the surrounding L - O The Proposed Project is an allowable use within the " the Further, th 08 because Zone under subsection .010 of Section 18. circulation and access would be provided. - offered at said hearing with respect to the request 2 " rking spaces, traffic negate building. Use of the outdoor playgroun - L s - impact particular area or health and safety upon the streets and highways design any potential compatibility issues. O and development standards of the " study made by itself and in its behalf, and . any expansion, record constitutes substantial evidence to evidence, nor are there other facts, that s traffic on the surrounding street does find and determine the following: any potential That the proposed use w required number of pa this this s Zone WHEREAS, WHEREAS, Anaheim in that ut o Commercial building with and ( 1.2.3.4.5. evide 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 regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Conditional Use NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, , attached hereto and incorporated herein by this reference, which are hereby found to be a necessary welfare of the citizens of the City of Anaheim. Extensions for further time to complete 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 BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's liance 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 rein lth, safety and general be amended by the Planning trated significant progress toward Initiated Revocation or 025 6 9 060 - of any court of competent jurisdiction, then this Resolution, and any approvals he 1 2 - 20 1 202 Exhibit B PC Planning Commission does hereby approve Conditional Use Permit No. prerequisite to the proposed use of that portion of the Property for which contingent upon and subject to the conditions of approval set forth in is applicable in order to preserve the hea - Approval) and 18.60.200 (City Timing for compliance with conditions of approval may with the Code, and (iii) the applicant has demons establishment of the use or approved development. - 3 - contained, shall be deemed null and void. other applicable City, State and Federal Modification of Permits) of the Code. regulation or requirement. (Amendment to Permit 6 9 060 - 1 202 Permit No. comp this 2021-025 PC - 6 - Water Engineering Water Engineering Water Engineering RESPONSIBLE Water EngineeringWater Engineering Public Utilities Public Utilities Public Utilities DEPARTMENT Public UtilitiesPublic Utilities Department, Department, Department, Department, Department, DivisionDivisionDivisionDivisionDivision 025 - 1 2 20 PC WITHIN 30 DAYS OF APPROVAL OF THE CONDITIONAL USE PERMIT Any backflow assemblies currently installed in a vault will system equipment shall be installed to the satisfaction of the Water as well as any modifications, relocations, or abandonments of existing Division of the line that does not meet current standards shall be upgraded if continued behind property line and building setback in accordance with Public behind property line and building setback in accordance with Public street setback area in a manner fully screened from all public streets manner information shall be specifically shown on plans and approved by Water Engineering Water Services Standards Specifications. Any water service and/or fire Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, ll backflow equipment shall be located above ground outside of the have to be brought up to current standards. Any other large water All requests for new water services, backflow equipment, or fire lines, water services, backflow equipment, and fire lines, shall be 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 6 09 . . Utilities Department Water Engineering Division requirementsUtilities Department Water Engineering Division requirements Engineering Division outside of the street setback area in a 06 - 1 202 FINAL BUILDING AND ZONING INSPECTION coordinated and permitted through Water Engineering ONAL USE PERMIT NO. upgrade or to abandon any water service or fire line. fully screened from all public streets and alleys. Said AL ) 041 CONDITIONS OF APPROV EXHIBIT “B” use is necessary or abandoned if the existin PRIOR TO ISSUANCE OF BUILDING PERMITS - 00 7 - - 1 and Cross Connection Control Inspector. 2 (DEV20 Anaheim Public Utilities Department. CONDITI and alleys. All PRIOR TO A NO. 12345 Development Services Traffic Engineering Traffic Engineering RESPONSIBLE Community Risk Reduction Division Water EngineeringWater Engineering Fire Department DEPARTMENT Works Public Works Public Works Public UtilitiesPublic Utilities City of Anaheim Department, Department, Department,Department,Department, DivisionDivision 025 Public - 1 2 20 PC and existing public water facilities (e.g. water mains, fire hydrants, driveways, BCR/ECR of curb returns, and all other Delivery vehicles minimum separation from all other utilities, including ew BMPs, utilities (e.g. storm drain, gas, electric, etc.) or above ground by the City Surveyor and recorded in the Office of the Orange County The following minimum horizontal clearances shall be maintained outside wall) feet minimum separation from structures, footings, and inch and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, no off shall That ongoing during project operations, vehicle deliveries including Services Division. The Certificate of Compliance shall be approved Subdivision Map The following minimum clearances shall be provided around all n Act Certificate of Compliance to the Public Works Development providing day care services shall require an automatic fire alarm storm wateras well as - service laterals, meters, meter boxes, backflow devices, etc.): up/drop - to - - feet minimum separation (outside wall That ongoing during project operations, student pick AL An E occupancy that is considered a private school loading and unloading shall be performed on site. shall not block any part of the public right of way. between proposed water main and other facilities: The legal owner shall submit an application for a 10 feet from structures, footings, walls, feet minimum separation from curb face CONDITIONS OF APPROV from sanitary sewer mains and laterals - 8 power poles, street lights, and trees. - storm drains, gas, and electric be performed on site. 5 feet from - All fire services 2 facilities. feet trees. -- Recorder. 10--10 56 equals. system. GENERAL NO. 67891011 Planning & Research Planning & Research Planning and Building Planning and Building Planning & Building Planning Services Planning Services RESPONSIBLE Traffic Engineering Police Police Planning Services DEPARTMENT Public Works Department, Department, Department, Department, Department,Department, DivisionDivisionDivision UnitUnit 025 AnaheimAnaheim - 1 2 20 PC 18.46 “Landscape and Screening” of the Anaheim Municipal Code and timely manner in the event that it is removed, damaged, diseased and/or submitted as part of this application. Any changes to the business subject to review and 2 staff to ensure that adequate parking is maintained. Any increase in visible the presence of any person on or about the premises during the shall be maintained in perpetuity. Landscaping shall be replaced in a conformance with the Letter of Request and to ensure compatibility require the applicant to provide additional uilding shall be equipped with a comprehensive security alarm recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly hours of darkness and provide a safe, secure environment for all shall be installed in conformance with Chapter The business shall be operated in accordance with the Letter of Request approval by the Planning Director to determine substantial to no more than 20 children and site parking area of this All vehicles associated with this facility, including staff’s vehicles, system (silent or audible) for the following coverage areas: parking and a modification to the Conditional Use Permit. . doors, at all times Perimeter building and access route protection. AL Adequate lighting of parking lots, passageways, operation as described in that document shall be CONDITIONS OF APPROV - - 9 facility shall be available for vehicle parking n The o - site. site. shall be limited High valued storage areas. - person, property, and vehicles on - shall be operable and parked on with the surrounding uses. shall All new landscaping children and/or staff facility he day care The bdead. T NO. 121314151617 Planning & Building Planning & Building Planning & Building RESPONSIBLE Planning ServicesPlanning ServicesPlanning Services DEPARTMENT Department,Department,Department, DivisionDivisionDivision 025 - 1 2 20 PC The Applicant shall defend, indemnify, and hold harmless the City es include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or in connection Failure to pay all charges shall may result in the with plans officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all brought against Indemnitees to attack, 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 to 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 issuance of the final invoice or prior to the issuance of building permits and specifications submitted to the City of Anaheim by the applicant review, set aside, void, or annul the decision of the Indemnite The Applicant’s indemnification is intended accordance . Department costs, liabilities and expenses incurred by Indemnitees AL or result in delays in the issuance of required permits CONDITIONS OF APPROV The property shall be developed substantially in - 10 and which plans are on file with the Planning revocation of the approval of this application. - for this project, whichever occurs first. claims, actions or proceedings with such proceeding. attached thereto. and its officials, NO. 181920