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Resolution-PC 2006-80! • : RESOLUTION NO` PC2006-80 `'A RESOLUTION OF THE ANAHEIM PCANNING COMMISSION : THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05127 BE GRANTED : (1131 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOTS 29 T0'36 INCLUSIVE IN BLOCK 4 OF SUMMERFIELD AND POOENHEIMERS SUBDIVlSION- OF THE SPOERL TRACT, lN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 44 OF MISCELLANEOUS RECORDS OF L:OS ANGELES COUNTY. ' WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 18, 2006, at 2:30, p.m.,' notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against'said proposed conditionaf use permit and to investigate and ' make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1. That the proposed request to permit a veterinary clinic within a previously-approved commercial center is properly one forwhich a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.08.030.040.0402 (Veterinary Services). 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the proposed project would operate in a manner that is clean and consistent with retail uses by adopting and adhering to sanitation procedures. In addition, the facility does not include kennel/boarding facilities, and would therefore be compatible with surrounding land uses. 3. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety as both retail uses and veterinary services require a minimum of 5.5 spaces per 1,000 gross square feet of floor area. Since veterinary services have the same parking demand ratio as retail services, staff has determined the proposed use is consistent with the approved parking study and can be accommodated on-site. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the project would be : operate in a manner consistent with other retail/office uses in the area. 5. That 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. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. Cr\PC2006-80 PC2006-80 • • CALIFORNIA ENVIRONMENTAL'QUALITY ACT FINDING; That the Anaheim Planning Commission has xeviewed the proposal; and does hereby find that the Negative Declaration previously approved in connection with the previously-approved commercial center under Conditional Use Permit No. 2005-05028,,is adequate to serve as the required environmental documentation in connection with this ` request upon finding that #he declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together.with any comments received during the public reviewprocess ' and further finding on the basis of the initial study and any comments received that there is no substantial evidence'that the project will have a significant effect on the environment. ' NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does _ hereby grant subjectPetition for Conditional Use` Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. Thaf grooming services and boarding facilities are not permitted as part of this facility's operation 2. That the hours of operation shall be limited to: - • Monday through Friday, from 9 am to 12 pm and from 3 pm to 6 pm; • Saturdays, from 9 am to 12 pm; • Sundays, closed. : 3. That no animalsshall be boarded in the facility oyer night. 4. That the procedure provided as follows shall serye as guidelines for Anchor Animal Hospital staff and . customers to maintain cleanliness of the Anchor Animal Hospital and surrounding parking areas. Said guidelines may be amended with the approval of the Planning Services Division provided the intent of said guideline is maintained. • Litter boxes will be located at the exit doors for animals who defecate. • Scoopers will be on-site at all times. • Pet owners of cats will be required to carry animals out of the hospital in cages. • Pet owners of dogs will be required to maintain dogs on a leash at all times. • Customers are not allowed to wait outside of the building area with their pets. • In the event of animal defecation, waste shali be discarded immediately, and flushed or placed in sanitized trash receptacles and sealed. • In the event of animal defecation, staff will clean the area with an antiseptic solution for sanitation. . Plastic gloves and paper bags will be provided for pet owners should their animals defecate. . In the event of animaPs defecation, pet owners are required to notify staff immediately. • Staff will sweep and clean every two hours during business hours to ensure cleanliness. 5. That mechanical equipment designed to reduce odor emissions from the interior space shall be installed for this tenant space and screened from view. Such information shall be shown on plans submitted for building permits. 6. That the property shall be permanently maintained in an orderly fashion by the provision of regular : landscaping maintenance, removat of trash or debris, and removal of graffiti within twenty four (24) hours from time of discovery. 7. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed form to the Anaheim'Police Department. -2- PC2006-80 • • 8. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as oonditioned herein. 9. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first; Condition No. 5, above-mentioned, shall be complied with. Extensions ` for further time to complete'said conditions may be granted in accordance with Section 18.60 of the Anaheim Municipal Code. 10. That prior to final building and zoning inspections, Condition Nos. 7 and 8, above-mentioned, shall be complied with. 11. That approval of this application constitutes approval of the proposed request only to the extent that it complies with theAnaheim Municipal Zoning 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 applicab~e ordinance, regulation or requirement. 12. That timing for compliancewith 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and ' determine that adoption of this Resolution is expressly predicated upon applicant's compfiance 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 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 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 the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 18, 2006. 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 CHAIRMA , ANA EIM NNING COMMISSIO ATTEST: , SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- ~ • STATE OFCAUFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAMEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Gommission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 18, 2006, by the following vote of the members thereof: , AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE : ABSENT: - , COMMISSIONERS: NONE ABSTAINED: . COMMISSIONERS: `KARAKI N WITNESS WHEREOF; I have hereunto set my hand this ~~1 r~ day of ' ' . 2006. ~-~-- -- ' SENIOR SECRETARY, ANAHEIMPLANNING COMMISSION