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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