Resolution-PC 2016-066RESOLUTION NO. PC2016-066
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL
ADOPT SPECIFIC PLAN ADJUSTMENT NO. 2016-00068
(DEV2016-00041)
(13 00 NORTH KELLOGG DRIVE)
WHEREAS, on January 26, 2016, the City Council approved and adopted a series of
actions for the purpose of establishing a Specific Plan for the Anaheim Canyon Specific Plan
Area, including an amendment to rescind PacifiCenter Anaheim Specific Plan No. 88-3 and
Northeast Area Specific Plan No. 94-1 in favor of the adoption of the Anaheim Canyon Specific
Plan No. 2015-1 (the "SP 2015-1 "). At that meeting, the City Council introduced Ordinance No.
6358 for the purpose of (1) rescinding Chapter 18.106 (PacifiCenter Anaheim Specific Plan (SP
88-3) Zoning and Development Standards) and Chapter 18.120 (Northeast Area Specific Plan
(SP 94-1) Zoning and Development Standards) of the Anaheim Municipal Code (the "Code"),
and (2) adopting the zoning and development standards applicable to Specific Plan No. 2015-1,
which are now set forth in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP2015-
1) Zoning and Development Standards) (the "SP 2015-1 Zone") of the Code to provide for a
wide variety of industrial and commercial uses within an area generally consistent with the
Anaheim Canyon; and
WHEREAS, on February 9, 2016, when Ordinance No. 6358 was presented to the City
Council for adoption, representatives of the Crosspointe Church requested the City Council to
amend SP 2015-1 to permit Community and Religious Assembly uses within Development Area
1. In response, the City Council adopted Ordinance No. 6358 but directed staff to make
necessary adjustments to SP 2015-1 to permit "Community and Religious Assembly" uses at
1300 North Kellogg Drive in the City of Anaheim, County of Orange, State of California (the
"Property"), which Property fronts onto the east side of Kellogg Drive between Hunter Avenue
and La Palma Avenue; and
WHEREAS, on August 22, 2016, the Planning Commission of the City of Anaheim (the
"Planning Commission") did receive a petition for (1) Specific Plan Adjustment No. 2016-
00068, which involves the modification of zoning and development standards adopted in
connection with SP 2015-1 to permit a "Community and Religious Assembly" use on the
Property, and (2) Conditional Use Permit No. 2016-05874 to allow for a "Community and
Religious Assembly" use on the Property; and
WHEREAS, the Property is approximately 9.3 acres in size. The Anaheim General Plan
designates the Property for Industrial land uses. The Property is located within the Industrial
Area (Development Area 1) of SP 2015-1. As such, the Property is subject to the zoning and
development standards described in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1
(SP 2015-1) Zoning and Development Standards) of Title 18 (Zoning) of the Code; and
- I - PC2016-066
WHEREAS, Specific Plan Adjustment No. 2016-00068 and Conditional Use Permit No.
2016-05874 shall be referred to herein collectively as the "Proposed Project"; 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 (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, pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's
Local CEQA Procedure Manual, this 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 operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of this determination, and that, therefore, pursuant to Section 15301 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 did hold a public hearing at the Civic Center in
the City of Anaheim on August 22, 2016 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 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments (if any) of all persons desiring to be heard, the Planning Commission considered all
factors relating to the Proposed Project, the Planning Commission desires to recommend that the
City Council approve Specific Plan Adjustment No. 2016-00068 in the form attached hereto as
Exhibit A; 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 presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from 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 pursuant to the above findings and based upon
a thorough review of Specific Plan Adjustment No. 2016-00068 and the evidence received to
date, this Planning Commission does hereby approve and recommends that the City Council
approve Specific Plan Adjustment No. 2016-00068 in the form attached hereto as Exhibit A.
- 2 - PC2016-066
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 22, 2016. 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.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 August 22, 2016, by the following vote of
the members thereof:
AYES: COMMISSIONERS: CALDWELL, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: HENNINGER
ABSENT: COMMISSIONERS: BOSTWICK, DALATI
VACANT: COMMISSIONERS: ONE VACANCY
2016. IN WITNESS WHEREOF, I have hereunto set my hand this 22°d day of August,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2016-066
EXHIBIT "A"
REDLINED TO SHOW
REVISIONS TO CURRENT
MUNICIPAL CODE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TABLE 120-B OF SECTION 18.120.040 (USES) OF CHAPTER
18.120 (ANAHEIM CANYON SPECIFIC PLAN NO. 2015-1 (SP
2015-1) ZONING AND DEVELOPMENT STANDARDS) OF
TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE.
(SPECIFIC PLAN ADJUSTMENT NO. 2016-00068)
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City of Anaheim (the "City") and its residents; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California
Guidelines for 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 "State
CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of
environmental documents for this ordinance; and
WHEREAS, pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's
Local CEQA Procedure Manual, this City Council finds and determines that the effects of the
adoption of this ordinance are typical of those generated within that class of projects (i.e., Class 1
— Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the
CEQA Guidelines, the adoption of this ordinance will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
That Table 120-B (Primary Uses By Development Area: Non -Residential Use Classes) of
Section 18.04.030 (Uses) of Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim Canyon
Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of Title 18 (Zoning)
of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full
as follows:
- 4 - PC2016-066
Table 120-B
P=Permitted by Right
PRIMARY USES BY DEVELOPMENT
C=Conditional Use Permit Required
AREA: NON-RESIDENTIAL USE
N=Prohibited
CLASSES
T=Telecommunications Antenna Review Permit
Required
DA-
DA-
DA-
DA-
DA-
DA -
1
2
3
4
5
6
Special Provisions
Agricultural Crops
P
P
N
P
P
P
Alcoholic Beverage
Manufacturing
P/C
P/C
P/C
P/C
P/C
C
I Subject to Section 18.3 8.025
Permitted without a conditional use
Alcoholic Beverage
N
N
P/C
P/C
P/C
N
permit in DA 3, DA 4 and DA 5 if
Sales—Off-Sale
use is in conjunction with Markets—
Large
Alcoholic Beverage
Sales—On-Sale
C
C
P
P
P
C
Ambulance Services
P
P
N
N
C
C
Permitted without a conditional use
Animal Boarding
P/C
P/C
P/C
P/C
P/C
P/C
permit when conducted entirely
indoors subject to Section 18.38.270
Permitted without a conditional use
Animal Grooming
P/C
P/C
P/C
P/C
P/C
P/C
permit when conducted entirely
indoors subject to Section 18.38.270
Permitted without a conditional use
permit if designed similar to stealth
Antennas—Broadcasting
P/C
P/C
P/C
P/C
P/C
P/C
telecommunications facility, as
defined in Section
18.38.060.030.0312
Antennas—Private
Transmitting
T
T
T
T
T
T
Antennas—
T
T
T
T
TT
Subject to Sections 18.38.060 &
Telecommunications
18.62.020
Automated Teller
Machines (ATM's)
P
P
p
p
p
P
Subject to Section 18.36.040
Automotive—Vehicle
Sales, Lease & Rental
C
C
C
N
C
N
Subject to Section 18.38.200
Automotive—Sales
Agency Office
C
C
C
C
C
N
Subject to Section 18.38.065
Automotive—Impound
Yards
C
C
N
N
N
N
Subject to Section 18.38.200
- 5 - PC2016-066
Automotive—Public
Parking
P
P
P
P
P
P
Subject to Section 18.38.070; In DA -
Stations
P
P
C
P
P
N
I
Permitted without a conditional use
Automotive—Parts Sales
P/C
P/C
N
P/C
P/C
N
permit when conducted entirely
Automotive—Washing
C
C
C
C
C
C
indoors
Automotive—Repair and
N
N
C
C
C
N
Modification
C
C
N
C
C
N
Subject to Section 18.38.080
Automotive—Service
Subject to Section 18.38.070; In DA -
Stations
P
P
C
P
P
N
I
3, must be adjacent on to both La
05874.
Palma and Tustin Avenues
Automotive—Washing
C
C
C
C
C
C
Bars & Nightclubs
N
N
C
C
C
N
Bed & Breakfasts Inns
N
N
C
C
C
N
Subject to Section 18.38.080
Beekeeping
C
C
N
N
N
C
Billboards
N
N
N
N
N
N
Subject to Section 18.38.110;
Boat & RV Sales
C
C
N
N
C
N
Subject to Section 18.38.200
No more than 30% of the outdoor
Building Material Sales
C
C
N
N
C
N
area, excluding parking, shall be
devoted to outdoor displays; subject
to Sections 18.38.190 and 18.38.200
Business & Financial
Services
P
P
P
P
P
N
Cemeteries
N
N
N
N
N
N
Commercial Retail
Subject to Section 18.38.115;
Centers
N
N
P/C
P/C
P/C
N
otherwise, a conditional use permit is
required.
Community & Religious
_Permitted in DA -1 pursuant to
Assembly
N
N
C
C
C
N
Conditional Use Permit No. 2016-
05874.
Computer Internet &
Amusement Facilities
N
N
N
N
N
N
Convalescent & Rest
Homes
N
N
C
N
N
N
Subject to Section 18.38.110;
Convenience Stores
N
N
P
P
P
N
otherwise, a conditional use permit is
required.
Dance & Fitness N I N P P P N
Studios—Large
- 6 - PC2016-066
- 7 - PC2016-066
Dance & Fitness
Studios—Small
N
N
P
P
P
N
Permitted without a conditional use
permit in DA -1, DA -2 and DA -3 if
Day Care Centers
P/C
P/C
P/C
P
P
N
integrated within a multi- tenant
office building as an accessory use to
serve office tenants.
Drive -Through Facilities
N
N
C
C
C
N
Educational Institutions—
Business
P
P
P
P
P
N
Educational Institutions—
General
N
N
C
C
C
N
Educational Institutions—
Tutoring
N
N
p
p
p
N
Subject to Section 18.36.040.050
Emergency Shelters (50
of fewer occupants)
P
p
N
N
N
N
Subject to Section 18.38.125
Emergency Shelters
(more than 50
C
C
N
N
N
N
Subject to Section 18.38.125
occupants)
Entertainment Venue
N
N
C
C
C
N
Permitted without a conditional use
Equipment Rental—
P/C
P/C
N
P/CP/C
N
Permit if use is conducted wholly
Large
indoors including storage and display
of equipment
Permitted without a conditional use
Equipment Rental—
Small
P/C
P/C
P/C
P/C
P/C
N
Permit if use is conducted wholly
indoors including storage and display
of equipment
Golf Courses & Country
Clubs
N
N
N
N
N
C
Group Care Facilities
N
N
C
N
N
N
Subject to Section 18.36.040.070
Requires a conditional use permit in
Helipads & Heliports
P/C
P
N
N
C
N
DA -1 if the use is located within
1,000 feet from a residentially -zoned
parcel
Hospitals
C
C
N
N
C
N
Hotels & Motels
N
N
C
N
C
N
Industry
P
P
N
N
N
C
Industry—Heavy
P
P
N
N
N
C
- 7 - PC2016-066
Junkyards C C N N N N Subject to Section 18.38.200
Markets—Large N N P P P N
Subject to Section 18.38.155;
Markets—Small N N P/C P/C P/C I N otherwise, a conditional use permit is
required
- 8 - PC2016-066
Medical & Dental
Offices
C
C
P
P
P
N
Mortuaries
C
C
N
N
N
N
Offices—Development
P
P
P
P
P
N
Offices—General
P
P
P
P
P
N
Oil Production
C
C
N
N
N
N
Subject to Section 18.38.180
Permitted without a conditional use
Outdoor Storage Yards
P/C
P/C
N
N
N
N
permit if all storage is screened from
view; subject to Section 18.38.200
Laundromats are subject to Section
Personal Services—
N
N
P/CP/C
P/C
N
18.38.150; otherwise, a conditional
General
use permit is required. Massage
subject to Section 18.16.070
Personal Services—
Restricted
N
N
C
C
C
N
Subject to Sections 18.38.190,
Plant Nurseries
P/C
P/C
N
P/C
P/C
P/C
18.38.200 and 18.38.205; otherwise,
a conditional use permit is required.
Public Services
P
P
C
C
C
N
Subject to Section 18.38.085;
Recreation—Billiards
N
N
P/C
P/C
P/C
N
otherwise, a conditional use permit is
required.
Recreation—Commercial
Amusement arcades are allowed only
Indoor
N
N
C
P
P
N
in conjunction with a hotel, motel, or
a bowling alley
Recreation—Commercial
Outdoor
N
N
C
C
C
C
Recreation—Low-Impact
P
P
P
P
P
P
Recreation—Swimming
Permitted without a conditional use
& Tennis
N
N
P/C
P/C
P/C
P/C
permit if use is conducted wholly
indoors
Recycling Services—
General
C
P
N
N
N
C
Subject to Chapter 18.48
- 8 - PC2016-066
Repair Services—Limited
P
P
I P
P
P
N
Subject to Chapter 18.48. Small
Recycling Services—
processing facilities under 4,000 s.f.
Processing
P/C
P
N
N
N
P/C
that conduct all work inside are
Restaurants—Drive-
allowed in DA -1 and DA -6 without a
Through
N
N
C
C
C
N
conditional use permit
Repair Services—General
P
P
P
P
P
N
Fast food and take-out service are
Repair Services—Limited
P
P
I P
P
P
N
Research &
Development
P
P
P
P
P
C
Restaurants—Drive-
Through
N
N
C
C
C
N
Subject to Section 18.38.220
J
Fast food and take-out service are
permitted without a conditional use
Restaurants—General
C
C
P
P
P
C
permit when a part of an industrial or
office complex of 5 or more units;
subject to Section 18.38.220
Restaurants—Outdoor
Dining
C
C
P
P
P
C
Sub ect to Section 18.38.220
J
Restaurants—Walk-Up
C
C
P
P
P
C
Permitted by conditional use permit
in DA -1 & DA -2 only if the retail is
Retail Sales—General
C/N
C/N
P
P
p
N
industrially -related or household
furniture occupying a minimum of
50,000 square feet of building floor
area.
Retail Sales—Kiosks
N
N
C
C
C
C
Retail Sales—Outdoor
N
N
C
C
C
C
Subject to Sections 18.38.190 and
18.38.200
Retail Sales—Used
Merchandise
N
N
P
P
P
N
Room & Board
N
N
C
N
N
N
Self -Storage
C
C
N
N
N
N
Subject to Council Policy No. 7.2
Sex -Oriented Businesses
P
P
N
N
N
N
Subject to Chapter 18.54
Subject to Section 18.16.080;
Smoking Lounge
N
N
P/C
P/C
P/C
N
otherwise, conditional use permit is
required.
Studios—Broadcasting
P/C
P/C
P/C
P/C
P/C
N
Permitted without a conditional use
permit if there is no live audience.
Studios—Recording
P/C I
P/C
P/C
P/C I
P/C
N
Permitted without a conditional use
- 9 - PC2016-066
.�L%_ 1 ivly G. .)t, V r-1kJA 311111 Y
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, subsection, sentence, clause, phrase or portion of this ordinance hereby adopted be
declared for any reason invalid or unconstitutional by the final judgment of any court of competent
jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared invalid
or unconstitutional. The City Council of the City of Anaheim hereby declares that it would have
adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof
irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or
portions be declared valid or unconstitutionally.
SECTION 3. SAVINGS CLAUSE; CONTINUITY.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City
shall in any manner affect the prosecution for violations of ordinances which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. To the extent the provisions of
this Ordinance are substantially the same as ordinance provisions previously adopted by the City
relating to the same subject matter, the provisions of this ordinance shall be construed as
restatements and continuations of those provisions and not as new enactments or amendments of the
earlier provisions.
SECTION 4. CERTIFICATION; PUBLICATION BY CLERK.
The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance or
a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim
Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 5. EFFECTIVE DATE.
-10- PC2016-066
permit if there is no live audience.
Towing Services
P
P
N
N
N
N
Transit Facilities
C
C
P
C
C
N
Truck Repair & Sales
P
P
N
N
C
N
Subject to Section 18.38.200
Utilities—Major
C
C
C
C
C
C
Payphones must be located on the
Utilities—Minor
P
P
P
P
P
P
interior of a building or attached to
the exterior within 10 feet of the main
building's entrance
Veterinary Services
P/C
P/C
P/C
P/C
P/C
P/C
Subject to 18.38.270; otherwise, a
conditional use permit is required.
Warehousing & Storage-
Enclosed
P
P
N
N
P
C
Wholesaling
P
P
N
N
P
C
.�L%_ 1 ivly G. .)t, V r-1kJA 311111 Y
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, subsection, sentence, clause, phrase or portion of this ordinance hereby adopted be
declared for any reason invalid or unconstitutional by the final judgment of any court of competent
jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared invalid
or unconstitutional. The City Council of the City of Anaheim hereby declares that it would have
adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof
irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or
portions be declared valid or unconstitutionally.
SECTION 3. SAVINGS CLAUSE; CONTINUITY.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City
shall in any manner affect the prosecution for violations of ordinances which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. To the extent the provisions of
this Ordinance are substantially the same as ordinance provisions previously adopted by the City
relating to the same subject matter, the provisions of this ordinance shall be construed as
restatements and continuations of those provisions and not as new enactments or amendments of the
earlier provisions.
SECTION 4. CERTIFICATION; PUBLICATION BY CLERK.
The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance or
a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim
Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 5. EFFECTIVE DATE.
-10- PC2016-066
This Ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the day of , 2016, and thereafter,
passed and adopted at a regular meeting of said City Council held on the day of
, 2016, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By:
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
118043-v1/TJR
- 11 - PC2016-066