Resolution-PC 2013-062RESOLUTION NO. PC2013 -062
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2013 -05682
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00077)
(110 WEST CENTER STREET PROMENADE)
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. 2013 -05682 to establish a pet washing and grooming facility on the ground floor of a mixed
use building in Downtown Anaheim for that certain real property located at 110 West Center
Street Promenade 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 Property, consisting of approximately 0.73 acres, is developed with a
four story mixed use building. The Property is located in the General Commercial (C -G)
Downtown Mixed Use (DMU) Overlay Zone. The Anaheim General Plan designates the
Property for Mixed Use land uses; and
WHEREAS, this Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 9, 2013 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 of the
Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for
and against proposed Conditional Use Permit No. 2013 -05682 and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission
finds and determines that the proposed project is within that class of projects 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.
The 1,016 square foot tenant space for the pet washing facility is an example of a type of project
that involves no expansion of an existing use because it will not result in an increase or more than
10,000 square feet and is in an area where all public services and facilities are available to allow
for maximum development permissible in the General Plan and the area in which the project is
located is not environmentally sensitive. 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, 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. 2013 - 05682, has
determined this permit should be approved for the following reasons, does find and determine
the following facts:
- 1 - PC2013 -062
1. The proposed request to establish a pet washing and grooming facility on the
ground floor of an existing mixed use building in the General Commercial (C -G) Downtown
Mixed Use Overlay (DMU) zone is properly one for which a conditional use permit is authorized
by Section 18.30.030.070 (Unlisted Uses) of the Code; and
2. The proposed conditional use permit to establish a pet washing and grooming
facility 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 all activities will be conducted inside the
building, hours of operation are limited through conditions of approval, and, on -site management
will keep the front door closed and decline services for customers with vicious or noisy dogs in
order to reduce potential impacts on adjacent residents; and
3. The size and shape of the site for the use 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,
safety and general welfare of the public because the Property is currently developed with a
mixed use building and the proposal to permit a pet washing facility will not expand beyond the
existing footprint of the building; and
4. The traffic generated by the proposed project 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 there is adequate parking to accommodate the use;
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 and will provide a
land use that is compatible with the surrounding area.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2013- 05682, contingent upon and subject to the conditions
of approval described 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 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(s), (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.
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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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of
the final invoice. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 9, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60
( "Zoning Provisions - General ") of the Anaheim Municipal Code pertaining to appeal procedures
and may be replaced by a City Council Resolution in the event of an appeal.
f 1 p
CHAIR, ANAHEIM CITY P ANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on September 9, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 91h day of September, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3 - PC2013 -062
EXHIBIT "
DEV NO. 2013 -00077
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Source: Recorded Tract Maps and /or City GIS.
Feet Please note the accuracy is +/- two to five feet.
-4- PC2013 -062
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013 -05682
(DEV2013- 00077)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
PRIOR TO COMMENCEMENT OF THE BUSINESS
1
To minimize noise impacts on adjacent neighbors, the
Code
Continuous
business owner shall keep the front door closed and
Enforcement
prohibit potentially dangerous or vicious or noisy dogs on
the premises at all times. "Potentially dangerous or
vicious" means any dog which, when unprovoked,
engages in any behavior that requires a defensive action
by any person to prevent bodily injury to a person or a
domestic animal. "Noisy" means a dog that barks
incessantly.
2
The business shall open no earlier than 10:00 a.m. and
Code
Continuous
close no later 7:00 p.m. seven days a week.
Enforcement
3
All activities related to the use shall be conducted indoors.
Code
Continuous
Enforcement
4
The Applicant shall defend, indemnify, and hold harmless
Planning
the City and its officials, officers, employees and agents
Department
(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
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.
5
The applicant is responsible for paying all charges related
Planning
to the processing of this discretionary case application
Department
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.
-5- PC2013 -062
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
6
The property shall be developed substantially in
Planning
Continuous
accordance with plans and specifications submitted to and
Department
reviewed by the City of Anaheim and which plans are on
file with the Planning Department and as conditioned
herein.
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