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Resolution-PC 2021-027 dards contained in Chapter WHEREAS, the Planning Commission of the City of Anaheim (herein referred Conditional he Anaheim General Plan. The Plan 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 er 18.60 (Procedures) of the Code, to hear and consider evidence for and against and to investigate and make findings h 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 ifornia 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 g 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 certain real property located in the City of Anaheim, County of Orange, State of California, attached hereto and incorporated herein by this and surface parking area. ) mpt a portion of currently developed027 1 Zoning and Development Standards - not cause a significant effect on the environment and is, therefore, categorically exe ND MAKING CERTAIN FINDINGS IN CONNECTION 1 Development Area No. 1 of the Anaheim Canyon Specific 2 i.e. 20 roject are typical of those generated within that class of projects ( CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMITPC a verified petition to approve A RESOLUTION OF THE PLANNING COMMISSION OF THE Section 15301 of Title 14 of the California Code of Regulations, the proposed within lanning Commission finds and determines that waste transfer storage facility and is s to as the "CEQA Guidelines"), and the City's Local CEQA Procedure warehouse building one acre and is subject to the zoning and development stan ) 027 1189 NORTH GROVE STREET a t - a WHEREAS, pursuant to and in accordance wit by t 1 , (the “Proposed Project”) 2 approximately ) 20 00004 Industrial land uses RESOLUTION NO. PC THEREWITH , 2021 -06101 - Anaheim Canyon Specific Plan No. 2015and recommendation in connection therewith; and 1 - Environmental Quality Act (Title 14 of the Cal- to as the "Planning Commission") did receive 1 - DEV202 August 16 2021 square foot a proposed Conditional Use Permit No. permit WHEREAS, the Property is Exhibit A ( Center in the City of Anaheim on from the provisions of CEQA; and to designated for and 18,000 an existing industrial building WHEREAS, the P ( 06101 1189 North Grove Street as generally depicted on ;ed in ") A Proposed Project; and ywith an approximately 06101reference (the "Propert - erty is also locat 2021 - The Property is Use Permit No. Code; and 2021 P roposed 1) . - NO (SP 2015of Chapt ( of the 120 existin P Prop the 18. at – 1 , investigation and occupy an study made by itself and in its behalf, and after due consideration of all evidence and reports , Use f a use is not authorized or mentioned in any zone throughout the City, and the Planning Director has determined that the use does not fit into an existing in subsection .020 (Inclusion of Specific Uses) of Section 18.36.020 (Classification of Uses), the use or type of development may be . he Proposed Project is an Development Area No. 1 of the Anaheim Canyon Specific Uses) and ) of the Code, subject to a conditional use permit and the would not adversely impact similar to the existing warehousing and storage operations, which have not caused and and Building 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 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 upported by substantial evidence in the record, including testimony received at the public hearing, the staff Further, to either the accommodate the parking, traffic es would be minimal; - would beupon the streets and highways designed and improved to carry the traffic in the area 027 authorized by conditional use permit until such time as this Code is amended. 06101 Anaheim Canyon Specific Plan (SP 2015 flows, and circulation without creating detrimental effects on adjacent properties - - , 1 Zoning and adequate on Conditional 1 of the area in which it is proposed to be located Primary 2 - 20 because the majority of operations would be provided inside the building. 1 202 PC industrial and warehouse land uses because the proposed use proposed use would for Conditional Use Permit es, development of the proposed use, in a manner not detrimental .010 ( - Anaheim Canyon Specific Plan No. 2015 the project would meet the AMC required number of parking spac subsection 18.66.040.020.0201 of Chapter 18.66 ( Planning Commission, after due inspection 40 urden on streets and highways in the area, us .0 on the surrounding in this Resolution, that the facts stated in this Resolution are s 120 ed that t under subsection .010 of Section 18. hazardous waste transfer facility the and Therefore, the Planning Director has determin because any expansion, circulation and access would be provided. - offered at said hearing with respect to the request 2 zoning and development standards of the - s impact particular area or health and safety traffic . record constitutes substantial evidence to s on the surrounding street does find and determine the following: any potential and Fire Code requirements; any known adverse impacts out Development Standards use class as provided existing building with ( this allowable use within this That the proposed 120 impose an undue b WHEREAS, WHEREAS, 1) Anaheim in that of Chapter 18. - Plan (SP 2015 to , i Pursuant Permits) acent traffic adjand . 1) 1.2.3.4.5. 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 l 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 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 NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, , attached welfare of the citizens of the City of Anaheim. Extensions for further time to complete ing 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 ress toward 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 h 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 corporated herein by this reference, which are hereby found to be a necessary Initiated Revocation or is applicable in order to preserve the health, safety and general This 027 06101 Timing for compliance with conditions of approval may be amended by the Plann - he findings made in this Resolution. 1 2 - 20 2021 Exhibit B PC this Planning Commission does hereby approve Conditional Use Permit No. with the Code, and (iii) the applicant has demonstrated significant prog reached these findings after due consideration of all evidence presented to it. 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 - 18.60.200 (City other applicable City, State and Federal regulations. Approva establishment of the use or approved development. - 3 t negate - (Amendment to Permit Approval) and shall be deemed null and void. evidence, nor are there other facts, that Modification of Permits) of the Code. regulation or requirement. 06101 compliance with eac - 2021 hereto and in Permit No. contained, 027 - 1 2 20 PC - 6 - Planning & Research Police Department, Water Engineering Water Engineering Water Engineering RESPONSIBLE Community Risk Reduction Division Fire Department, Public Utilities Public Utilities Public Utilities DEPARTMENT ent, Department, Department, DivisionDivisionDivision Anaheim Unit Departm 027 - 1 2 20 PC shall be located above ground outside of the street setback area in a assemblies currently installed in a vault will have to be brought up to installed to the satisfaction of the Water Engineering Division outside modifications, relocations, or abandonments of existing Building Code (CBC) and California Fire Code (CFC) requirements prior to initial alarm activation. This form is available at the Police manner fully screened from all public streets and alleys. Any backflow rent standards. Any other large water system equipment shall be of the street setback area in a manner fully screened from all public coordinated and permitted by the applicant through Water Engineering services conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards l be upgraded by the applicant if continued use is necessary, or Owner/Developer shall be responsible for the costs to upgrade or to for permit issuance. Any fire permits which include fire sprinklers, fire classification review, etc. shall be submitted directly plans indicating all backflow equipment ifically shown on plans and approved by Water Engineering and Cross Connection All requests for new water services, backflow equipment, or fire lines, water services, backflow equipment, and fire lines, shall be The applicant shall ensure that all existing water services and fire abandoned if the existing service is no longer needed. The The applicant shall provide plans in accordance with all California Permit application, Form APD 516, and return it to the Police Department 06101 The applicant shall complete a Burglary/Robbery Alarm - 2021 PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS ONAL USE PERMIT NO. Division of the Anaheim Public Utilities Department. streets and alleys. Said information shall be spec AL ) 00004 CONDITIONS OF APPROV EXHIBIT “B” - 7 ISSUANCE OF BUILDING PERMITS - - 1 2 (DEV20 abandon any water service or fire line. to the Anaheim Fire Department. The applicant shall provide Department front counter. CONDITI Control Inspector. alarm, chemical as well as any shal cur PRIOR TO NO. 12345 Planning & Research Planning & Research Planning & Research Police Department, Police Department, Police Department, RESPONSIBLE DEPARTMENT UnitUnitUnit 027 - 1 2 20 PC prior to initial alarm activation. This form is available at the Police the lock cannot be defeated from the outside and shall be secured with Minimum recommended lighting level in all parking lots is .5 t and up doors shall also be secured on the inside that Any exterior restroom doors which are made available to the public before, during or after any events shall not utilize any locking mechanism on the interior of the door which prevents the use of a key ain entry during an emergency (I.e., slide latch, parking lots/structures and located in other appropriate places. Signs d and black All entrances to parking areas shall be posted with appropriate Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department exterior doors to have adequate security hardware, e.g. angle peepholes or other viewing device should be deadlocking latch can be retracted by a single action of the inside surface, with a “No Trespassing 602(k) P.C.” posted at the entrances of signs per 22658(a) C.V.C., to assist in removal of vehicles at the al surveillance is compromised. The locks shall be so constructed that both the deadbol kgroun candle maintained, measured at the parking AL must be at least 2’ x 1’ in overall size, with white bac maximum to minimum ratio no greater than 15:1. CONDITIONS OF APPROV - 8 r padlock from the inside. - PARKING LOTS/STRUCTURES: installed in solid doors where naturproperty owners/managers request. The applicant shall complete a doorknob/lever/turn piece. Department front counter. by school officials to g - Overhead roll surface bolt, etc.) ock o deadbolt locks. - Wide 2” lettering. All a cylinder l DOORS: - foot 1.2.3.4.5.1.2.3. NO. 678 Public Utilities Water Traffic Engineering Traffic EngineeringTraffic Engineering Community Risk Reduction Division Water Engineering Fire Department, Public Works Public Works Public Works lities Department, Department,Department,Department, Engineering Division Anaheim Public Uti 027 - 1 2 20 PC feet minimum separation from all other utilities, including are provided around all new and existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow BMPs, 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground vehicle deliveries including loading and unloading shall be performed on site. Delivery vehicles shall not block any part of the public right under limitations as stated in Table 307.1(1) of following minimum horizontal maintained between proposed water main and other outside wall) structures, footings, and ll vehicles associated with this facility, hat ongoing during project operations, hat ongoing during project operations, the behind property line and building setback in accordance with Public the California Building Code and California Fire Code. In the event exceeded, the building occupancy following minimum clearances the applicant shall obtain a assembly on the water service connection(s) serving the property, shall be operable and parked on site. wner/Developer shall install an approved backflow prevention The applicant/business operator shall keep storage of Maximum Utilities Department Water Engineering Division requirements. storm water northeastern gates shall remain open during business hours. - to - minimum separation (outside wall 10 feet from structures, footings, walls, feet minimum separation from curb face from sanitary sewer mains and laterals - 9 feet minimum separation from . power poles, street lights, and trees. fire life safety upgrades - will change to Occupancy Group H and storm drains, gas, and electric applicant shall ensure that the applicant shall ensure that the proposed to be The applicant shall ensure that a shall ensure t , applicant shall ensure t s and trucks Quantities required the quantities are facilities. are feet ’ The applicant including staff etc.): trees. Allowable clearances -- t for 10--10 facilities: devices, 56 of way. permi b.d.b. a.c.a. The TheThe GENERAL O 91011121314 Planning and Building Planning & Building Planning & Building Planning & Building Planning & Building Planning & Building Planning Services Planning Services esPlanning ServicesPlanning ServicesPlanning Services Department, Planning Servic Department,Department,Department,Department,Department, DivisionDivisionDivisionDivisionDivisionDivision 027 - 1 2 20 PC “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 operation as described in that document shall be subject to review and shall be maintained in perpetuity. Landscaping shall be replaced in a conformance with the Letter of Request and to ensure compatibility All new landscaping shall be installed in conformance with Chapter The business shall be operated in accordance with the Letter of Request Director to determine substantial City include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or Failure to pay all charges shall may result in the with plans he applicant/property owner shall ensure that all parking spaces and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all brought against Indemnitees to attack, ecision 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 emnification is intended to litigation, including without limitation attorneys’ fees and other incurred by Indemnitees in connection 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 shown on the approved site plan shall remain free of storage and open The Applicant shall defend, indemnify, and hold harmless the accordance . Department or result in delays in the issuance of required permits The property shall be developed substantially in - 10 and which plans are on file with the Planning revocation of the approval of this application. - review, set aside, void, or annul the d The Applicant’s ind for this project, whichever occurs first. approval by the Planning claims, actions or proceedings costs, liabilities and expenses for required vehicle parking. with the surrounding uses. with such proceeding. attached thereto. 18.46 dead. T 151617181920 WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with State of California (herein referred to as the “Statute”) authorizes a city to enter into a contract which is called a development agreement in order to establish with certainty what regulations will govern the construction WHEREAS, the City Council of the City of Anaheim (herein referred to as the “City Council”), as a charter city, enacted Ordinance No. 4377 on November 23, 1982 (herein referred to as the “Enabling Ordinance”), making the City subject to the Statute; “Procedures Resolution”), establishing procedures and requirements for consideration of Planning 2323 , as generally ; and is proposed in conjunction use Reclassification No. a with Reclassification No. HEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City 565 on November 23, 1982 (herein referred to as the a Development Agreement from family residential subdivision of the Property for Tentative Tract Map No. 19137, , and the Project shall be referred to herein a residential - and incorporated herein by this reference Tentative Tract Map No. 19137 to permit a 1 to permit land family attached residential units located at one (the “Project”) 00533 to amend the of the City of Anaheim (the " Family Residential z elopment agreements by the City upon receipt of an application therefor; and OF THE - 2021 BY AND BETWEEN THE CITY OF ANAHEIM AND CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE AND , County of Orange, State of California construct 06094 DEVELOPMENT AGREEMENT NO. y for that certain real propert TION OF THE PLANNING COMMISSION - family attached residential units Medium Density Residential; (ii) 2020 00533, ), for the purpose of allowing the applicant to ) Conditional Use Permit No. 00001 028 - - - ) General Plan Amendment 2020 General Plan Amendment No. 2020 3” Multiple - 2323 WEST BROADWAY for . 1 - , MELIA HOMES, INC 2 2021 06094 PC20) 00180 petition - Development Agreement No. single Section 65864) of the Government Code of the - RESOLUTION NO. Exhibit A 2020 Planning Commission -- 20 , RM ) 00001 DEV20 verified 00001 ; and (iv) , Conditional Use Permit No. 112 to “ collectively as the "Proposed Project"; and development consisting of depicted on the map attached hereto as – - -in the City of Anaheim single to reclassify the property - 2021 ( 2021 Council adopted Resolution No. 82R - - did receive a nit attached single to Low modified development standards (“Development Agreement No. ADOPT PROPOSED . ( i (ii 112 Development Agreement No ; development consisting of s . one WHEREAS, the designation from School condominium purposes A RESOLU (i) Transition z of a development; and WHEREAS, 00001 for West Broadway(the "Property" ") with a request Commission 0033500335 lot, 112 u residential ” W T -- “ 20202020 anddev the land uses by the General the "lead agency" for the preparation and consideration of day public/responsible agency review on June acres in size. The project site is Family ) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed is proposed to provide for for the term of the funding for City’s WHEREAS, pursuant to and in accordance with the provisions of the California herein referred Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance Manual to evaluate the physical environmental impacts of the Proposed Project. The Mitigated at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning and Building Department of the City located on the First Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California. Copies of WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration did not agreement. However, the applicant has proposed a development agreement to provide for a voluntary contribution of $1,000 per unit to the City’s affordable housing programs. Subsequently, the public hearing notice included the proposed cause any significant impacts to the environment; therefore, the environmental document , a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation "); ted Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed 00001. The subject development agreement would not 24, 2021, and was also made available for review on the City's website 78 rein referred to as "MMP No. 3 - Multiple Floor of City Hall at 200 South Anaheim Boulevard., Anaheim, California; at the ; and with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure WHEREAS, the City gave notice of its intent to adopt the Mitiga WHEREAS, in conformance with CEQA and the CEQA Guidelines et seq.; 5 , now pending ( Development Agreement, and in return the developer would provide certain vested development rights 06 Chapter 18. Environmental Quality Act (Public Resources Code Section 21000 notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) s School 00001 0033 zone, and is designated for - Plan. The development standards and regulations of 6.96 2021 environmental documents for the Proposed Project; and measures that are specific to the Proposed Project (he - the Property is approximately , subject to approval of Reclassification 2020 said document were also available for purchase; and Development Agreement No. did not need to be recirculated for review; and - Negative Declaration was circulated for a 20 to as “CEQA”), the State of California Project and - No. 2021 affordable housing programs; and the City is Transition Development Agreement the development of the include a development WHEREAS, WHEREAS, , ” s CEQA Procedure one T located in the “ Residential z Project and 8.60 ection Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the WHEREAS, the Planning Commission did hold a public hearing in the City of at 5:00 p.m., notice of said public hearing having been duly to hear and consider evidence for the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and after due consideration, inspection, investigation and study made by itself, and based upon, all evidence and reports offered at by the City is consistent with the and with the goals, policies, programs and objectives specified in the General is compatible with the , is compatible with the is not otherwise as it will provide constitutes a lawful, present exercise of the City’s police power and authority under, is entered into pursuant to, 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 staff report and all materials in the project files. There is no substantial evidence, nor are Planning standards the regulations prescribed for, the applicable zoning district(s) in ents of Section 65867 of determines that the evidence in the record mony received at the public hearing, the staff presentations, the xpressly declares that it considered all evidence presented and reached these hereby 00335 given as required by law and in accordance with the provisions of Chapter 1 related actions, and to investigate and make findings and recommendations in conn , does - 2020 of the the findings made in this Resolution. The adopted , upon adoption of Reclassification No. A Guidelines; and 00001 all meets detrimental to the health and safety of the citizens of the City of Anaheim 00001 - which was 2021 00001 00001 0000100001 Development Agreement - , and and is in compliance with the City’s charter powers, the requirem 2021 with respect to the Development Agreement No. findings after due consideration of all evidence presented to it. - - 2021 -- 2021 California Government Code and the Procedures Resolution 20212021 4. The proposed Development Agreement No. County of Orange pursuant to Section 15072(a) of the CEQ the Procedures Resolution,erly development of property in the surrounding area; 5. The proposed Development Agreement No. ment Agreement No. 2. The proposed Development Agreement No. 3. The proposed Development Agreement No. ; and Planning Commission, using programs Planning Commission proposed : that is which the Project is and will be located funding to the City’s affordable ho 1. The proposed Develop 1982, negate find and determine that in August 16, 2021 (Procedures) of the Code, and requirements set forth on November 23, the record, including testi WHEREAS, the WHEREAS, the there other facts, that uses authorized in, and e therewith; and ; General Plan Anaheim on now pending Commission said hearing Council further Plan; ord that, based upon the aforesaid findings and , in the form presented at this meeting, , ) the mitigation measures set forth in Mitigation associated with 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. Should any such condition, or any clared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be does hereby recommend that the City Council which are hereby found to be a necessary - 06094 General Plan Amendment No. 2021 - 2020 Conditional Use Permit No. ) the conditions of approval contingent upon and subject to the approval of (1) 00001 , (3) BE IT FURTHER RESOLVED 5 ( - for the Project; and , 202100335 n 06094 the Planning Commissio approve Development Agreement No. 4 - ( - 2020 2020 Tentative Tract Map No. 19137, Reclassification No. Conditional Use Permit No. 8 37 deemed null and void. Plan No. part thereof, be de determinations, NOW, Monitoring 00533, (2)