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Resolution-PC 2019-032RESOLUTION NO. PC2019-032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AND ADOPTING CONDITIONAL USE PERMIT NO. 2019-06007 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00024) (2441 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2019-06007 to permit a clinical trials research facility within an existing business complex (the "Proposed Project") on a portion of that certain real property located at 2441 West La Palma Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Proposed Project is within the Anaheim Palms Corporate Center that is approximately 40 acres in size and is currently occupied with seven office buildings. The Proposed Project will occupy a one-story office building within the campus. The business complex is located in the "I" Industrial Zone and is subject to the zoning and development standards of Chapter 18.10 (Industrial Zones) of the Anaheim Municipal Code (the "Code"). The Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 22, 2019 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, 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 Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, 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 - I - PC2019-032 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 with respect to the request for Conditional Use Permit No. 2019-06007, does find and determine the following: 1. The proposed request to allow a clinical research facility in an office building is properly one for which a conditional use permit is authorized under the classes of allowable uses set forth in Section 18.10.030 of the Code. 2. The proposed conditional use permit to permit a clinical research facility, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the facility would operate similar to a medical office and the existing building is surrounded by compatible buildings and uses. 3. The size and shape of the site for the use, under the conditions imposed, is adequate to allow the clinical research facility in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing commercial office complex with shared on-site parking that is surrounded by other industrial and office related uses. 4. The traffic generated by the clinical research facility 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 and adequate parking will be provided to accommodate the use. A Traffic Impact Assessment dated May 23, 2019 determined that the net trips generated by the project would be an additional 23 a.m. and 42 p.m. peak hour trips. These numbers are well below the threshold of 100 vehicle trips that would require further traffic analysis; therefore, a Traffic Study is not required. Additionally, most volunteers do not own cars and typically use the bus, taxis, ride sharing, or rely on the company's van for transportation. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding industrial uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the 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. The 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 the Planning Commission does hereby approve Conditional Use Permit No. 2019-06007 contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto 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. 2019-06007 is applicable in order to preserve - 2 - PC2019-032 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 Conditional Use Permit No. 2019-06007 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 set forth in Exhibit B hereto. 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 July 22, 2019. 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 -3 - PC2019-032 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 July 22, 2019 by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MEEKS IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of July, 2019. 01 SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-032 APN: 071-062-04 071-061-27 071-541-01 EXHIBIT "A" DEV NO. 2019-00024 W LA PALMA AVE W - 5 - PC2019-032 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2019-06007 (DEV2019-00024) - 6 - PC2019-032 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO THE ISSUANCE OFA BUILDING PERMIT OR BUSINESS LICENSE 1 The applicant shall enter into and maintain at all times an agreement in a Planning and Building form satisfactory to the City Attorney and the Planning Director, which shall Department, be recorded in the Official Records of the County of Orange and will provide shared parking within the Anaheim Palms Corporate Center to support the Planning Services availability of site sufficient parking to meet the Code -required parking for Division the clinical trials facility. A copy of the recorded agreement shall be submitted to the Planning Services Division. 2 Applicant shall contact Water Engineering for recycled water system Public Utilities requirements and specific water conservation measures to be incorporated Water Engineering into the building and landscape construction plans. 3 Prior to commencement of structural framing, fire hydrants shall be installed Fire Department and charged as required and approved by the Fire Department. 4 Permanent, temporary, and phased emergency access roads shall be designed Fire Department and maintained to support an imposed load of 70,000 lbs. and surfaced to provide all-weather driving capabilities. 5 Fire hydrants shall meet minimum Fire Department Specifications and Fire Department Requirements for spacing, distance to structure and available fire flow. 6 Emergency vehicular access shall be provided and maintained in accordance Fire Department with Fire Department Specifications and Requirements. 7 An automatic fire sprinkler system shall be designed, installed and Fire Department maintained in all structures as required by the Fire Department per NFPA- 13. 8 A fire alarm system shall be designed, installed and maintained as required Fire Department by the Fire Department and NFPA-72. 9 Lockable pedestrian and/or vehicular access gates shall be equipped with Fire Department Knox devices as required and approved by the Fire Department. 10 There shall be a recorded use agreement satisfactory to the City Attorney's Fire Department office for all parcels sharing fire protection equipment and associated appurtenances. - 6 - PC2019-032 - 7 - PC2019-032 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 11 Building shall be equipped with a comprehensive security alarm system Police Department (silent or audible) for the following coverage areas: • Perimeter of building and access route protection. • High valued storage areas. 12 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, Police Department and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. 13 A closed circuit television (CCTV) security system shall be installed, with Police Department the following coverage areas: • Pedestrian Entrances • Building perimeter • Parking lot 14 If security cameras are not monitored, signs indicating so should be placed Police Department at each camera. 15 CCTV monitors and recorders shall be secured in a separate locked Police Department compartment to prevent theft of, or tampering with, the recording. 16 CCTV recordings should be kept for a minimum of 30 days before being Police Department deleted or recorded over. 17 Address numbers shall be positioned so as to be readily readable from the Police Department street. Number should be illuminated during hours of darkness. 18 Rooftop address numbers shall be added for the police helicopter. Minimum Police Department size 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers shall be spaced 12" to 18" apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed. Numbers are not to be visible from ground level. 19 All exterior doors to have adequate security hardware, e.g. deadbolt locks. police Department 20 Wide-angle peepholes or other viewing device shall be installed in solid Police Department doors where natural surveillance is compromised. 21 The locks shall be so constructed that both the deadbolt and deadlocking Police Department latch can be retracted by a single action of the inside doorknob/lever/turn piece. 22 If stairwells are enclosed, convex mirrors shall be installed on the landings Police Department to allow visibility of the landing and the next flight of stairs, and stairwell doors shall be fitted with as much transparent material as permitted by the fire code. - 7 - PC2019-032 - 8 - PC2019-032 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 23 Stairwell landings shall allow for a 60" turning radius to facilitate police Police Department use. 24 Elevator cabs shall have convex mirrors installed to allow visibility of the Police Department interior of the cab from outside the elevator door. 25 Monument signs and addresses shall be well lighted during hours of Police Department darkness. 26 Adequate lighting of parking lots, passageways, recesses, and grounds Police Department contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. 27 All exterior doors shall have their own light source, which shall adequately police Department illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 28 Minimum recommended lighting level in all parking lots is 0.5 foot-candle Police Department maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. 29 "No Trespassing 602(k) P.C." posted at the entrances of parking Police Department lots/structures and located in other appropriate places. Signs must be at least 2' x 1' in overall size, with white background and black 2" lettering. 30 All entrances to parking areas shall be posted with appropriate signs per Police Department 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. 31 Any graffiti painted or marked upon the premises or on any adjacent area Planning and Building under the control of the business owner shall be removed or painted over Department, within 24 hours of being applied. Code Enforcement Division 32 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 operation Department, as described in that document shall be subject to review and approval by the Planning Services Planning Director to determine substantial conformance with the Letter of Division Request and to ensure compatibility with the surrounding uses. 33 No medical marijuana dispensary shall be allowed on the premises in Planning and Building accordance with Chapter 4.20 of the Anaheim Municipal Code. Department, Planning Services Division - 8 - PC2019-032 - 9 - PC2019-032 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 34 The clinical research facility shall not exceed more than 108 beds for the Planning and Building purpose of overnight stays of study volunteers as shown on plans on filed Department, with the Planning Services Division. Planning Services Division 35 During all clinical research trials and overnight stays involving study Planning and Building volunteers, a California licensed physician shall either be in attendance or Department, on-call with a minimum of one support staff member for every 14 study Planning Services volunteers. Division GENERAL CONDITIONS 36 The following minimum clearances shall be provided around all new and public Utilities existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): Water Engineering • 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. 37 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, set Division 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. 38 The applicant is responsible for paying all charges related to the processing Planning and Building of this discretionary case application within 30 days of the issuance of the Department, final invoice or prior to the issuance of building permits for this project, Planning Services whichever occurs first. Failure to pay all charges shall result in delays in the Division issuance of required permits or may result in the revocation of the approval of this application. - 9 - PC2019-032