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PC 2022/08/01.pdf
200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net Dave Vadodaria Chairperson Lucille Kring Chairperson Pro Tem David Heywood Commissioner LuisAndres Perez Commissioner Michael Mouawad Commissioner Natalie Meeks Commissioner Steve White Commissioner CITY OF ANAHEIM PLANNING COMMISSION AGENDA – AUGUST 1, 2022 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California 92805 ORDER OF BUSINESS: Public sessions of all meetings of the Anaheim Planning Commission begin at 5:00 P.M. All meetings are in the Anaheim City Hall, Council Chamber, 200 South Anaheim Boulevard, Anaheim, CA 92805. Pursuant to Government Code Section 54954.2(a)(2), no action or discussion by the Planning Commission shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting. REPORTS: All agenda items and reports are available for review at the Anaheim Planning and Building Department and www.anaheim.net/planningcommission no later than 72 hours prior to the meeting. Click on the link to the agenda for the corresponding meeting date. The agenda contains links to the staff report and other informational materials. Any writings or documents provided to a majority of the Planning Commission after posting of the agenda regarding any item on the agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. PUBLIC COMMENT: The public may comment on matters not appearing on the agenda, but within the subject matter jurisdiction of the Planning Commission. Those wishing to speak on a regular business or a public hearing item on the agenda may do so when the Chairperson calls that specific item. Public comments are limited to three minutes per speaker, unless a different time limit is announced. The total amount of time allocated for public comments on non-agenda items shall be limited to ten minutes. The City uses speaker cards that must be submitted to the Planning Commission Secretary in order to address the Planning Commission. Speakers shall refrain from profane language and other disruptive remarks or behavior which disrupts or disturbs the meeting, or risk being removed (AMC 1.12.017). Additionally, members of the public may correspond with the Planning Commission, on any agenda items or matters within their jurisdiction, by submitting comments electronically for Planning Commission consideration by sending them to planningcommission@anaheim.net. To ensure distribution to the Planning Commission prior to consideration of the agenda, please submit comments prior to 1:30 p.m. the day of the meeting. Those comments, as well as any comments received after that time, will be distributed to the Planning Commission, posted on the City’s website, and will be made part of the official public record of the meeting. Current and archived public comments are available at www.anaheim.net/planningcommissionpubliccomments. APPEAL OF PLANNING COMMISSION ACTIONS: Any action taken by the Planning Commission regarding Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. 2 August 1, 2022 CITY OF ANAHEIM PLANNING COMMISSION REGULAR MEETING AGENDA AUGUST 1, 2022, 5:00 P.M. Council Chamber 200 South Anaheim Boulevard Anaheim , California CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS Public comments will be allowed on matters not appearing on the agenda, but within the Planning Commission’s jurisdiction. WORKSHOP Environmental Justice and Safety Elements of the General Plan PUBLIC HEARING ITEMS ITEM NO. 1 DEVELOPMENT APPLICATION NO. 2021-00157 (Continued from May 23, 2022. The July 18, 2022 meeting was cancelled.) Location: 145 South Vista Grande Request: The applicant requests an amendment to the Circulation Element of the General Plan to add a new access point on Santa Ana Canyon Road, and Tentative Parcel Map No. 2021-177 to subdivide an existing 3.48 acre property into two parcels. Environmental Determination: The Planning Commission will consider whether an Addendum to the General Plan Environmental Impact Report (EIR No. 330) and Housing Opportunity Sites Rezoning Project (SEIR No. 346) is the appropriate environmental documentation for this request under the California Environmental Quality Act. Request for continuance. Project Planner: Nick Taylor njtaylor@anaheim.net 3 August 1, 2022 ITEM NO. 2 DEVELOPMENT APPLICATION NO. 2022-00021 Location: 1250 North Tustin Avenue Request: The applicant requests approval of a parking variance to provide fewer parking stalls than required by code and a minor conditional use permit to permit an Educational Institutions Use- Business with up to thirty students in an existing building. Environmental Determination: The Planning Commission will consider whether to find the project Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301, Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Elizabeth Yee eyee@anaheim.net COMMISSION UPDATES ADJOURNMENT Adjourn to the next regularly scheduled Anaheim Planning Commission meeting on August 15, 2022 at 5:00 P.M. in the Council Chamber, 200 South Anaheim Boulevard, Anaheim, California. 4 August 1, 2022 The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765- 5351, no later than 8:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5351, antes de las 8:00 de la mañana un día hábil antes de la reunión programada. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 5:00 p.m. July 28, 2022 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: _____________________________ ANAHEIM CITY PLANNING COMMISSION 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: AUGUST 1, 2022 SUBJECT: DEVELOPMENT APPLICATION NO. 2021-00157 AND TENTATIVE PARCEL MAP NO. 2021-177 LOCATION: This property is generally located on the south side of Santa Ana Canyon Road approximately 150 feet west of Avenida Margarita (145 South Vista Grande). PROPERTY OWNER/APPLICANT: The owner and applicant is Harry Sidhu, and the agents are Laurel Reimer and David Blumenthal of Sagecrest Planning and Environmental. REQUEST: The applicant requests an amendment to the Circulation Element of the General Plan to add a new access point on Santa Ana Canyon Road, and approval of Tentative Parcel Map No. 2021-177 to subdivide an existing 3.48 acre property into two parcels. BACKGROUND: This item was originally on the Planning Commission agenda for May 23, 2022. The applicant submitted a request to continue the public hearing for this item and the Planning Commission granted the continuance to the meeting of July 18, 2022. The July 18 Planning Commission meeting was cancelled and the Planning Commission adjourned to August 1. The applicant has submitted an additional continuance request to September 26, 2022 (Attachment 1). RECOMMENDATION: Given the two continuance requests and the cancelled meeting, staff recommends that the Planning Commission continue the public hearing to a date uncertain. Staff will re-notice the public hearing at future date. Prepared by, Submitted by, Nick Taylor, AICP Niki Wetzel, AICP Senior Planner Deputy Director of Planning and Building Attachment: 1. Continuance Request 1 Nicholas J. Taylor From:David Blumenthal <dblumenthal@sagecrestplanning.com> Sent:Tuesday, July 19, 2022 3:59 PM To:Nicholas J. Taylor Cc:Amy Vazquez; Ted White Subject:[EXTERNAL] RE: 145 S Vista Grande - Continuance Request Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Nick, The applicant is requesting the City further continue the public hearing to September 26, 2022 to provide additional time to examine project details. DAVID BLUMENTHAL, AICP Senior Project Manager (714) 313‐3713 dblumenthal@sagecrestplanning.com www.sagecrestplanning.com 27128 Paseo Espada, Suite 1524, San Juan Capistrano, CA 92675 ATTACHMENT NO. 1 200 S. Anaheim Blvd. Suite 162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: AUGUST 1, 2022 SUBJECT: DEVELOPMENT APPLICATION NO. 2022-00021 LOCATION: 1250 North Tustin Avenue APPLICANT/PROPERTY OWNER: The applicant and owner is Michael Doyle of Econolite, and the agent is Phillip Schwartze of The PRS Group. REQUEST: The applicant requests a parking variance to provide fewer parking stalls than required by code and a minor conditional use permit to allow an Educational Institutions- Business use with up to thirty students in an existing building. RECOMMENDATION: Staff recommends that the Planning Commission finds and determines that a Class 1 – Existing Facilities Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections 15301 and 15300.2 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000- 15387) is the appropriate environmental documentation for this request; and adopt the attached resolution approving Development Application No. 2022-00021. BACKGROUND: Project Site: The triangular-shaped project site is 3.64-acres in area. The site is currently developed with an 81,550 square foot, two- story industrial office building that includes offices and warehousing. The building is currently occupied by Econolite, a transportation systems company that produces traffic signalization products. Econolite also operates a training program for 10 or fewer students as permitted by right under the Anaheim Municipal Code (AMC). The site has 241 parking spaces, landscaping, and three vehicular entrances located along Tustin Avenue. The project site is located in Development Area No. 1 of the Anaheim Canyon Specific Plan (SP 2015-1) zone, and is designated for Industrial land uses in the General Plan. The project site is bordered by industrial uses to the north and east, and industrial uses across Tustin Avenue to the southwest. Econolite has operated at the site since 2017 through an interior tenant improvement building permit and an administrative adjustment for a 20% reduction in parking to permit the use to operate with the current 241 parking spaces on site. The business operates with 149 employees from Monday to Friday, 8:00 am to 5:00 pm, though the Development Application No. 2022-00021 August 1, 2022 Page 2 of 8 applicant indicates that only a portion of employees are physically located in the office as some employees have begun to work from home since the COVID-19 pandemic. SITE PLAN PROPOSAL: The applicant proposes to convert 2,200 square feet of existing office space to an occasional training facility for up to 30 students. The proposed training facility is classified as Educational Institutions - Business by the AMC and requires the approval of a minor conditional use permit. The applicant proposes to convert two 1,100 square foot conference rooms in the existing office building to training facilities, one each on the first and second floor for a total of 2,200 square feet. Each room would seat up to 15 students and an instructor as indicated in the floor plans below highlighted in yellow. The remaining portions of the building would continue to operate as an industrial office and warehousing use as previously permitted. The proposed training facility would train up to 30 students per training session on how to use operate and program the traffic signalization equipment sold by Econolite as outlined in the applicant’s letter of request and 1250 N Tustin Avenue Development Application No. 2022-00021 August 1, 2022 Page 3 of 8 operation (Attachment 3). The applicant proposes to provide fewer than code required parking spaces and utilize the existing 241 off- street parking spaces for the 149 employees and the proposed 30 students. No new construction or new site development is proposed as part of this application. FIRST FLOOR PLAN Development Application No. 2022-00021 August 1, 2022 Page 4 of 8 SECOND FLOOR PLAN FINDINGS AND ANALYSIS: Parking Variance: The proposed training facility, classified as an Educational Institutions - Business use, requires the application and approval of a minor conditional use permit when located in the Anaheim Canyon Specific Plan zone with more than 10 students in attendance. Due to the change of use for the designated 2,200 square feet training facility, the existing 241 parking spaces no longer meets the AMC-required parking. Therefore, the project requires approval of a parking variance due to the inability to provide additional parking on the existing developed site. Section 18.42.040 of the AMC provides off-street parking requirements for non-residential uses. The requirements are determined by the type of use or use class. Econolite’s operations fall into three land uses including Office- General, Warehousing and Storage- Enclosed, and Educational Institutions- Business. The following table summarizes the parking ratio and code required spaces for each land use: Development Application No. 2022-00021 August 1, 2022 Page 5 of 8 Per the AMC, the project requires a total of 337 parking spaces for all three uses. The applicant has requested the variance to allow for the existing 241 parking spaces to be used to accommodate the proposed expansion to the educational institution use from 10 students to 30 students. Given that the site is fully developed, the site would be unable to provide the additional 96 parking stalls required under code within the project site. The applicant has provided a parking justification letter (Attachment 4), which analyzed the parking count for Econolite’s existing site operations to determine the appropriate number of parking spaces needed for the proposed expansion of the educational institution use. The justification outlines the current demand on parking and the limited in-office operations. The letter indicates that on an average day during peak hours of operation between 8:00 am and 5:00 pm, the project site is parked with 70 vehicles. The observed amount though a three-week period indicates that most days there are as few as 60 vehicles parked onsite. The AMC requires 44 parking spaces for the expanded use of the education institutional use to meet the 20 parking stalls per 1,000 square foot of the conversion as noted in the table. When the 44 Code-required parking spaces is added to the observed peak demand on parking, the site would need a minimum of 114 parking stalls on site. Understanding that the current limited capacity of in-office operation could change in the future, the parking demand for Econolite with all 149 employees being on site was also considered. The site would have a demand for a minimum of 204 parking spaces, when all 149 employees, 11 work vehicles, and 44 Code-required parking spaces for the educational institution use, are parked on site. With the existing 241 parking spaces, the project site would have the necessary parking to meet the demand of the current uses when in full operation with all employees onsite. Condition of Approval No. 6 requires a determination of substantial conformance by the Planning Director should any changes be made to the operations as described in the Letter of Request and Operations (Attachment 3) or the Parking Justification Letter (Attachment 4) to ensure that adequate parking would continue to exist. Before the Planning Commission may approve the parking variance, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; Use Size Parking Demand Spaces Needed Office- General 69,198 sf 4 spaces per 1,000 sf 276.7 spaces Warehouse and Storage- Enclosed 10,152 sf 1.55 spaces per 1,000 sf 15.7 spaces Educational Institutions - Business 2,200 sf 20 spaces per 1,000 sf 44 spaces Total 81,550 sf --- 337 spaces Development Application No. 2022-00021 August 1, 2022 Page 6 of 8 2) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 3) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection .030 of Section 18.42.050 (Non-Residential Uses- Shared Parking Arrangements)); 4) That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 5) That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Staff believes that the findings can be made to approve the requested parking variance based on the following: The business currently operates with limited capacity in office with the observed maximum demand of 70 parking spaces occupied during operational hours; the maximum observed 70 parking spaces when added with the parking required for the education institutions parking requirement of 44 parking spaces does not exceed the 241 parking spaces provided on site; the demand on parking with all employees, work vehicles, and students on site of 204 parking spaces does not exceed the total 241 parking spaces provided on site; the proposed use would not increase the demand and competition for parking spaces upon the public streets, or private property in the immediate vicinity of the proposed use; the proposed use would not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and the proposed use would not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the addition of the use is the addition of 20 students to the already existing operations. Minor Conditional Use Permit: The Project site has a Zoning Classification of Development Area 1 of Anaheim Canyon Specific Plan (SP 2015-1) and the applicable use category for the proposed training facility is an “Educational Institution-Business”, which requires the processing of a Minor Conditional Use Permit to be permitted to operate with more than 10 students. The applicant proposes to establish a training facility which would focus on coursework of the use and operations of the Econolite products for more than 10 students. The proposed training facility would be located within two conference rooms of the existing industrial office building with a maximum of 30 students. The training would occur during the normal operational hours of Econolite, Monday through Friday 8:00 am to 5:00 pm. The proposed request has been evaluated in compliance with the requirements outlined in Section 18.10.030 of the AMC and it has been determined that no significant impacts would occur by permitting the proposed use. Before the Planning Commission may approve the minor conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: Development Application No. 2022-00021 August 1, 2022 Page 7 of 8 1) That the proposed use is properly one for which a minor conditional use permit or a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); 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; 3) 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; 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; and 5) That the granting of the minor conditional use permit or 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. The proposed request would not adversely affect the adjoining land use or development of the area as the educational institution- business use for Econolite would be located within two conference rooms of the existing industrial office building. No significant impact would occur through the permitting of the educational institution in this industrially developed area. The MCUP project scope does not involve interior or exterior improvements to the office building to accommodate the proposed use and would not result in significant impacts to accommodate the proposed educational institution. The amount of traffic generated by the use would not impact neighboring streets or highways since the proposed use would operate during the normal operating hours of Econolite with a maximum of 30 students during the days there are trainings scheduled. The granting of the minor conditional use permit for the educational institution for Econolite under the conditions imposed with no construction involved, would not be detrimental to the health and safety of the citizens of the City of Anaheim. Environmental Impact Analysis: The Project qualifies for a Class 1 – Existing Facilities Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections 15301 and 15300.2 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387). Class 1 consists 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 the lead agency's determination. The proposed project is for a use change in operations and parking variance without alterations to the property’s existing facility. Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, and as further described in this staff report, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA. Development Application No. 2022-00021 August 1, 2022 Page 8 of 8 CONCLUSION: Staff believes that with the proposed conditions, the minor conditional use permit for Educational Institutions - Business use and parking variance would be operated in a manner that is compatible with the surrounding area. The proposed project would be consistent with the Anaheim Canyon Specific Plan, Development Area 1, zoning for the property, and the project would be designed and operated to ensure that the education use and parking, would not impact surrounding properties. Staff recommends that the Planning Commission approve the minor conditional use permit for the Educational Institutions - Business use and parking variance for fewer than Code-required parking spaces for Econolite. Prepared by, Submitted by, Elizabeth Yee Niki Wetzel, AICP Contract Planner Deputy Director of Planning and Building Attachments: 1. Draft Resolution 2. Project Plans 3. Letter of Request and Operation 4. Parking Justification Letter 5. Aerial and Vicinity Maps [DRAFT] ATTACHMENT NO. 1 - 1 - PC2022-*** RESOLUTION NO. PC2022-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING DEVELOPMENT APPLICATION NO. 2022- 00021 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2022-00021) (1250 North Tustin Avenue) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve Development Application No. 2022-00021 for approval of a parking variance to provide fewer parking stalls than required by code and a minor conditional use permit to permit an Educational Institutions- Business use with up to thirty students in an existing building (the “Proposed Project”), on certain real property located at 1250 North Tustin Avenue (the “Property”) 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 3.64 acres in area and is currently developed with an 81,550 square foot two- story industrial office building, associated landscaping and 241 parking spaces. The Property is designated for Industrial land uses by the Anaheim General Plan and is located in Development Area 1 of the “SP2015-1” Anaheim Canyon Specific Plan zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 1, 2022 at 5:00 p.m., with 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 Development Applicaton No. 2022-00021 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 CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the project qualifies for a Class 1 – Existing Facilities Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections 15301 and 15300.2 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387); and WHEREAS, the 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 pertaining to the request for Development Application No. 2022- 00021 to permit a minor conditional use permit for the expansion of the Educational - 2 - PC2022-*** Institution- Business use to a maximum of 30 students, does find and determine the following facts: 1. The Proposed Project is an allowable use within Development Area 1 (DA1) of the Anaheim Canyon Specific Plan (SP2015-1), zone under subsection .010 of Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 Zoning and Development Standards) of the Code, subject to a minor conditional use permit for more than 10 students and the zoning and development standards of the Anaheim Canyon Specific Plan (SP 2015-1). 2. The Proposed Project would not adversely affect the adjoining land uses, or the growth and development of the area because the project would not include any new construction or development on the Property and would not significantly affect the neighboring industrial properties. 3. The size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to either the particular area nor to the health and safety of the public because the site can accommodate the parking, traffic, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the Proposed Project would 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 the Proposed Project will not exceed the anticipated volumes of traffic on the surrounding streets. 5. The granting of the minor conditional use permit would not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project would significantly improve the overall appearance of the project site, and is compatible with the surrounding area, subject to compliance with the conditions contained herein; 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 Development Application No. 2022- 00021 to permit a variance for fewer parking spaces than required by Code, does find and determine the following: SECTION NO. 18.42.040.010 Minimum Number of Parking Spaces. (337 spaces required; 241 spaces proposed) 1. The variance for the Property, under the conditions imposed, would not cause fewer off-street parking spaces to be provided for the Property than the number of such spaces necessary to accommodate all vehicles attributable to all uses at the Property under the normal and reasonably foreseeable conditions of operation of such uses. The applicant submitted a Parking Variance Justification, which included a parking demand analysis to determine the actual parking demand for all operations on the Project. The parking demand analysis determined that the parking demand with the Educational Institution – Business use expansion during the peak hours of 8:00 AM to 5:00 PM is 114 parking spaces. The project will provide 241 parking spaces on-site. Based on the information provided, there would be adequate on-site parking for the Proposed Project. - 3 - PC2022-*** 2. The variance for the Property, under the conditions imposed, would not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking would adequately accommodate the peak parking demands of the use on the Property. 3. The variance for the Property, under the conditions imposed, would not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property because the on-site parking would adequately accommodate peak parking demands of the use on Property. 4. The variance for the Property, under the conditions imposed, would not increase traffic congestion within the off-street parking areas because the Property provides adequate ingress and egress points, which are designed to allow for adequate on-site circulation. 5. The variance for the Property, under the conditions imposed, would not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity because the Property will provide ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property; 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 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 Development Application No. 2022- 00021, 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 the Property for which Development Application No. 2022-00021 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 of Permit Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code. - 4 - PC2022-*** 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 1, 2022. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2022-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Susana Barrios, 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 1, 2022, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of August, 2022. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2022-*** - 7 - PC2022-*** EXHIBIT “B” DEVELOPMENT APPLICATION NO. 2022-00021 (DEV2022-00021) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT ON-GOING DURING OPERATIONS 1 Owner/Operator shall continuously maintain a total of 241 parking spaces on the project site consistent with the approved project plans. Planning and Building Department, Planning Services Division 2 Owner/ Operator shall not have more than 30 students at any time in the operations of the Education Institutions- Business use. Planning and Building Department, Planning Services Division 3 Owner/ Operator shall remove all unpermitted outdoor storage on the project site located in the parking spaces to be consistent with the approved project plans. Planning and Building Department, Planning Services Division 4 Emergency vehicular access shall be maintained in accordance with Fire Department Specifications and Requirements. Lockable pedestrian and/or vehicular access gates shall be equipped with Knox devices as required and approved by the Fire Department. Fire & Rescue Department 5 All plans shall be in conformance with currently adopted California Building and Fire Codes at the time of submittal. Fire & Rescue Department GENERAL 6 The business shall be operated in accordance with the Parking Justification Letter dated June 29, 2022 and the Letter of Request and Operation dated July 20, 2022 submitted as part of this application. Any changes to the business operation as described in these documents shall be subject to review and approval by the Planning Director to determine substantial conformance with these documents, to determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surrounding uses. Planning & Building Department, Planning Services Division 7 The Applicant/Owner shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, 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 Planning and Building Department, Planning Services Division - 8 - PC2022-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 8 The premises shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant, which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division 9 Conditions of approval related to each of the timing milestones above shall be prominently displayed by the applicant on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning and Building Department, Planning Services Division 10 The Applicant/Owner 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 for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division VAN ACCESSIBLEVAN ACCESSIBLEVAN A C C E S S I B L E TUSTIN AVENUETUS TI N A V E N U E TRASHENCLO S U R E LOADING DOCK XXXXXXXXXXXXXXXXXX1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201202203204205206207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 VAN ACCESSIBLE PROJECT: DATE: DRAWN: SCALE: PROJECT NO: REVIEWED: SHEET NO: SHEET TITLE: 6083 Bristol Parkway Culver City, CA 90230 515 South Flower St., Suite 1200 Los Angeles, CA 90071 18201 Von Karman Ave., Suite 120 Irvine, CA 92612 485A US Route 1 South, Suite 100 Iselin, NJ 08830 www.saaia.com T 310.553.3252 T 213.929.1400 T 949.724.8958 San Francisco, CA 94105 T 415.390.6793 T 848.200.1200 New York, NY 10010 T 917.512.6688 535 Mission St., Suite 1563 120 East 23rd St., 5th Floor CULVER CITY, CA • IRVINE, CA • LOS ANGELES, CA SAN FRANCISCO, CA • ISELIN, NJ • NEW YORK, NY OWNERSHIP AND USE OF DOCUMENTS ALL DRAWINGS, SPECIFICATIONS AND COPIES THEREOF FURNISHED BY SAA INTERIORS ARE AND SHALL REMAIN ITS PROPERTY. THEY ARE TO BE USED ONLY WITH RESPECT TO THIS PROJECT. FEDERAL LAW PROHIBITS THE REPRODUCTION, DISPLAY, SALE, OR OTHER DISPOSITION OF THIS DOCUMENT WITHOUT THE EXPRESS WRITTEN CONSENT OF SHLEMMER ALGAZE ASSOCIATES. COPYRIGHT © 2015 SHLEMMER ALGAZE ASSOCIATES ALL RIGHTS RESERVED 12/28/16 JC/RW/OAE WB/MP 615728LICENSED ARCHIT E CTSTA TE OF CA L IF O R NIADICKSON D. OI No. C-32277 REN. 5/31/2017 ” A A ATTACHMENT NO. 2 UP UP UPSTAIR-2 UP STAIR-1 STAIR-3 STAIR-4 K-5016-ETDEXTERC_URINALSVITREOUS CHINA K-5016-ETDEXTERC_URINALSVITREOUS CHINA (RATED EXIT STAIR) (RATED EXIT STAIR) (EXIT ACCESS) (RATED EXIT STAIR) K-5016-ETDEXTERC_URINALSVITREOUS CHINA PROJECT: DATE: DRAWN: SCALE: PROJECT NO: REVIEWED: SHEET NO: SHEET TITLE: 6083 Bristol Parkway Culver City, CA 90230 515 South Flower St., Suite 1200 Los Angeles, CA 90071 18201 Von Karman Ave., Suite 120 Irvine, CA 92612 485A US Route 1 South, Suite 100 Iselin, NJ 08830 www.saaia.com T 310.553.3252 T 213.929.1400 T 949.724.8958 San Francisco, CA 94105 T 415.390.6793 T 848.200.1200 New York, NY 10010 T 917.512.6688 535 Mission St., Suite 1563 120 East 23rd St., 5th Floor CULVER CITY, CA • IRVINE, CA • LOS ANGELES, CA SAN FRANCISCO, CA • ISELIN, NJ • NEW YORK, NY OWNERSHIP AND USE OF DOCUMENTS ALL DRAWINGS, SPECIFICATIONS AND COPIES THEREOF FURNISHED BY SAA INTERIORS ARE AND SHALL REMAIN ITS PROPERTY. THEY ARE TO BE USED ONLY WITH RESPECT TO THIS PROJECT. FEDERAL LAW PROHIBITS THE REPRODUCTION, DISPLAY, SALE, OR OTHER DISPOSITION OF THIS DOCUMENT WITHOUT THE EXPRESS WRITTEN CONSENT OF SHLEMMER ALGAZE ASSOCIATES. COPYRIGHT © 2015 SHLEMMER ALGAZE ASSOCIATES ALL RIGHTS RESERVED 12/28/16 JC/RW/OAE WB/MP 615728LICENSED ARCHIT E CTSTA TE OF CA L IF O R NIADICKSON D. OI No. C-32277 REN. 5/31/2017 K-5016-ETDEXTERC_URINALSVITREOUS CHINA K-5016-ETDEXTERC_URINALSVITREOUS CHINA DN DNDN DN STAIR-3 STAIR-1 STAIR-2 STAIR-4 DOWN K-5016-ETDEXTERC_URINALSVITREOUS CHINA (RATED EXIT STAIR) (RATED EXIT STAIR) (EXIT ACCESS) (RATED EXIT STAIR) K-5016-ETDEXTERC_URINALSVITREOUS CHINA K-5016-ETDEXTERC_URINALSVITREOUS CHINA DN DNDN DN STAIR-3 STAIR-1 STAIR-2 STAIR-4 DOWN K-5016-ETDEXTERC_URINALSVITREOUS CHINA (RATED EXIT STAIR) (RATED EXIT STAIR) (EXIT ACCESS) (RATED EXIT STAIR) PROJECT: DATE: DRAWN: SCALE: PROJECT NO: REVIEWED: SHEET NO: SHEET TITLE: 6083 Bristol Parkway Culver City, CA 90230 515 South Flower St., Suite 1200 Los Angeles, CA 90071 18201 Von Karman Ave., Suite 120 Irvine, CA 92612 485A US Route 1 South, Suite 100 Iselin, NJ 08830 www.saaia.com T 310.553.3252 T 213.929.1400 T 949.724.8958 San Francisco, CA 94105 T 415.390.6793 T 848.200.1200 New York, NY 10010 T 917.512.6688 535 Mission St., Suite 1563 120 East 23rd St., 5th Floor CULVER CITY, CA • IRVINE, CA • LOS ANGELES, CA SAN FRANCISCO, CA • ISELIN, NJ • NEW YORK, NY OWNERSHIP AND USE OF DOCUMENTS ALL DRAWINGS, SPECIFICATIONS AND COPIES THEREOF FURNISHED BY SAA INTERIORS ARE AND SHALL REMAIN ITS PROPERTY. THEY ARE TO BE USED ONLY WITH RESPECT TO THIS PROJECT. FEDERAL LAW PROHIBITS THE REPRODUCTION, DISPLAY, SALE, OR OTHER DISPOSITION OF THIS DOCUMENT WITHOUT THE EXPRESS WRITTEN CONSENT OF SHLEMMER ALGAZE ASSOCIATES. COPYRIGHT © 2015 SHLEMMER ALGAZE ASSOCIATES ALL RIGHTS RESERVED 12/28/16 JC/RW/OAE WB/MP 615728LICENSED ARCHIT E CTSTA T E OF CA L IF O RNIADICKSON D. OI No. C-32277 REN. 5/31/2017 ATTACHMENT NO. 3 ATTACHMENT NO. 4 N T U S T I N A V E E MIRALOMA AVE N GROVE STN ETCHANDY LNE ENTERPRISE DRN ENTERPRISE DRN. KRAEMER BLVDN. JEFFERSON STN. TUSTIN AVES. RICHFIELD RDE. M I R A L O MA AVE E.ORANGETHORPE AVE E . LAPA L M A AVE E. C R O W T H E R A V E N. M ILLER ST 1250 N Tustin Ave DEV No. 2022-00021 Subject Property APN: 345-17-109 °0 50 100 Feet Aerial Photo: May 2021 ATTACHMENT NO. 5 SP 2015-1 DA1 DEV 2022-00021 INDUSTRIAL SP 2015-1 DA1 INDUSTRIAL SP 2015-1 DA1 INDUSTRIAL RAILROAD SP 2015-1 DA1 INDUSTRIAL SP 2015-1 DA1 OFFICES SP 2015-1 DA1 OFFICES SP 2015-1 DA1 OFFICES SP 2015-1 DA1 AUTO SALVAGE YARD SP 2015-1 DA1 INDUSTRIAL SP 2015-1 DA1 ORANGE COUNTY WATER DISTRICT ANAHEIM LAKE SP 2015-1 DA4 OFFICES SP 2015-1 DA4 AUTO REPAIR/SERVICE SP 2015-1 DA1 RETAIL SP 2015-1 DA1 INDUSTRIAL SP 2015-1 DA1 RETAIL SP 2015-1 DA1 INDUSTRIAL SP 2015-1 DA1 AUTO DEALERSHIP SP 2015-1 DA1 AUTO DEALERSHIP SP 2015-1 DA4 INDUSTRIAL SP 2015-1 DA1 INDUSTRIAL SP 2015-1 DA1 BUSINESS PARK SP 2015-1 DA1 INDUSTRIAL SP 2015-1 DA1 BUSINESS PARK SP 2015-1 DA4 OFFICES SP 2015-1 DA1 BUSINESS PARK N T U S T I N A V E E MIRALOMA AVE N GROVE STE ENTERPRISE DRN ENTERPRISE DRE. LA PALM A A V E E. MIRALO M A A V E N.TUST I N A V EN. KRAEMER BLVDS. RICHFIELD RD 1250 N Tustin Ave DEV No. 2022-00021 Subject Property APN: 345-17-109 °0 50 100 Feet Aerial Photo: May 2021 E.O R ANGETHORPE AVE