Resolution-PC 2015-007RESOLUTION NO. PC2015 -007
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2014 -05777 AND
VARIANCE NO. 2014 -04999 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00140)
(4570 EAST EISENHOWER CIRCLE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition to approve (i) Conditional Use Permit No. 2014-
05777 to permit a dog daycare and boarding facility with an outdoor play area, and (ii) Variance
No. 2014 -04999 to allow fewer parking spaces than required by the Anaheim Municipal Code
(the "Code ") (collectively referred to herein as the "Proposed Project ") for premises located at
that certain real property at 4570 Eisenhower 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 is approximately 0.6 acres in size and is currently
developed with an industrial building. The Anaheim General Plan designates the Property for
Industrial land uses. The Property is located in the Expanded Industrial Area (Development
Area 2) of the Northeast Area Specific Plan Area and is subject to the zoning and development
standards of Chapter 18.120 (Northeast Area Specific Plan No. 94 -1 (SP 94 -1) Zoning and
Development Standards) of the Code, combined with the zoning and development standards of
the underlying base zone for the Property, which is the "I" Industrial Zone. Unless otherwise
indicated in Chapter 18.120 of the Code, the standards of the "I" Industrial Zone contained in
Chapter 18.10 (Industrial Zone) of the Code shall apply to the Property. The Property is also
located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in
Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply in addition to, and
where inconsistent with, shall supersede any regulations of the "I" Industrial Zone; and
WHEREAS, the Proposed Project is a use not expressly authorized or permitted
in the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area
or the "I" Industrial Zone and is also not authorized or mentioned in any zone throughout the
City. Pursuant to the authority conferred upon the Planning Director by Section 18.66.040
(Approval Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and, specifically,
paragraph .0201 of Subsection .020 (Unlisted Uses Permitted), the Planning Director has found
and determined that the Proposed Project does not fit into an existing use class, as provided in
subsection .020 (Inclusion of Specific Uses) of Section 18.36.020 (Classification of Uses), but
may be authorized by conditional use permit until such time as the Code is amended to include
such a use; and
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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 (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, on January 26, 2015, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given 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. 2014 -05777 and
Variance No. 2014 - 04999, and to investigate and make findings and recommendations in
connection therewith; 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 Conditional Use Permit No. 2014 -05777 to permit a dog
daycare and boarding facility with an outdoor play area within an industrial building, does find
and determine the following:
1. Pursuant to the authority conferred upon the Planning Director by Section
18.66.040 (Approval Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and,
specifically, paragraph .0201 of Subsection .020 (Unlisted Uses Permitted), the Planning
Director has found and determined that the Proposed Project does not fit into an existing use
class, as provided in subsection .020 (Inclusion of Specific Uses) of Section 18.36.020
(Classification of Uses), but may be authorized by conditional use permit until such time as the
Code is amended to include such a use; and
2. The proposed conditional use permit to permit a dog daycare and boarding
facility, as conditioned herein, 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 building is
surrounded by compatible buildings and uses; and
3. The size and shape of the site for the use is adequate to allow the full
development of the dog daycare and boarding 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
industrial building that is surrounded by other industrial and office uses.
4. The traffic generated by the dog daycare 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.
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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 be integrated with the surrounding industrial uses and would not pose a health or
safety risk to the citizens of the City of Anaheim.
WHEREAS, the Planning Commission does further find and determine that the
request for Variance No. 2014 -04999 to allow less parking than required by the Code in
conjunction with the proposed dog daycare and boarding facility should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(46 spaces required; 10 spaces proposed)
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. A parking justification letter was prepared by
the applicant, determining that the current number of parking spaces within the Property is
sufficient to accommodate the dog daycare and boarding facility;
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 because the on -site parking will adequately accommodate the peak parking
demands of the proposed dog daycare and boarding facility;
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 because the on -site parking for the dog daycare center will
adequately accommodate peak parking demands of all uses on the site;
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
because the project site provides adequate ingress and egress points to the Property and are
designed to allow for adequate on -site circulation; 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 because the project site has existing 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 dog daycare and boarding facility.
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.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2014 -05777 and Variance No. 2014 - 04999,
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 Anaheim
Municipal 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 Anaheim Municipal
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 January 26, 2015 Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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CHAIRMAN PRO- TEMPORE, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on January 26, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 26 "' day of
January, 2015.
Xz .'.� "Ov��
ECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00140
APN: 346- 301 -05
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014 -05777
AND VARIANCE NO. 2014 -04999
(DEV2014- 00140)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
The applicant shall be responsible for maintaining the area
Planning Department,
adjacent to the premises over which they have control, in an
Code Enforcement
orderly fashion through the provision of regular
maintenance and removal of trash or debris.
2
The applicant shall ensure that all animal excrement is
Planning Department,
collected immediately and disposed of properly.
Planning Services Division
3
The outdoor play area shall be monitored at all times to
Planning Department,
ensure safety and noise control.
Planning Services Division
4
No required parking area shall be fenced or otherwise
Planning Department,
enclosed for outdoor storage.
Code Enforcement
5
The business shall be operated in accordance with the Letter
of Request and Parking Justification Letter submitted as part
Planning Department,
of this application. Any changes to the business operation
Planning Services Division
as described in that document shall be subject to review and
approval by the Planning Director to determine substantial
conformance with the Letter of Request and Parking
Justification Letter and to ensure compatibility with the
surrounding uses.
6
Any Graffiti painted or marked upon the premises or on any
adjacent area under the control of the licensee shall be
Police Department
removed or painted over within 24 hours of being applied.
GENERAL CONDITIONS
7
The applicant is responsible for paying all charges related to
the processing of this discretionary case application within
Planning Department,
30 days of the issuance of the final invoice or prior to the
Planning Services Division
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
8
The Applicant shall defend, indemnify, and hold harmless
the City and its officials, officers, employees and agents
Planning Department,
(collectively referred to individually and collectively as
Planning Services Division
"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.
9
The Property shall be developed substantially in accordance
Planning Department,
with plans and specifications submitted to the City of
Planning Services Division
Anaheim by the applicant and which plans are on file with
the Planning Department and as conditioned herein.
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