Resolution-PC 2007-30• •
RESOLUTION NO. PC2007-30
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO.'2007-05193 BE GRANTED
(1431 NORTH DALY STREET)
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
PARCEL 10 AS SHOWN ON A PARCEL MAP FILED IN BOOK 91, PAGES 33 AND 34'
OF PARCEL fuIAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the Planning'Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 2, 2007, 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 conditional 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 use is properly one for which a conditionai use permit is authorized by
Anaheim Municipal Code Section 18.10.030.0040.0402 (Animal Boarding) with the following waivers:
(a) SECTION NO. 18.42.040.010 Minimum number of parkinq spaces
~ 30 required; 11 proposed)
(b) SECTION NO. 18.46.110.090 Reauired enclosure of outdoor uses
(solid masonrv wall required; chain link with slats
proposed)
2. That waiver (a), pertaining to the minimum number of parking spaces, is hereby approved
based upon a parking letter submitted by the applicant to substantiate the waiver.
3. That the waiver, under the conditions imposed, 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
because this facility operates with a lower parking demand than required by code as demonstrated by other
similar facilities.
4. That the waiver, under the conditions imposed, will not increase the demand and competition
for parking spaces upon the public streets in the immediate vicinity of the proposed use because the
anticipated demand will be much lower than code requirements based on other similar facilities.
5. That the waiver, under the conditions imposed, wil{ not increase the demand and competition
for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the
parking for this site is sufficient for the proposed use and surrounding properties have parking lots that are
distinctly separate from this facility.
6. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for such use; and
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7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
8. That waiver (b) pertaining to the required enclosure of outdoor uses is hereby approved '
because several similar fences currently exist in the area and the proposed fence will be effectively screened
by landscaping.
9. That strict application of the Zoning Code would deprive `the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity because other properties in the vicinity do
enjoythe use of similar chain link fencing in order to screen outdoor'storage.
10. That there are special circumstances applicable"to the operation because the intended use
outdoors. The fencing is not intended to hide unsightly storage and the proposed tandscaping will effectively
screen the fence so that the fence materiaf wilf be indiscernible and activities within the play area wil{ not be
visible.
-11. That the use wiU not adversely affect the adjoining land uses or the growth and development
of the area in which it is proposed to be located as the parking study has demonstrated that the site can
accommodate the combined uses on site;
12. That two people indicated their presence at said public hearing in opposition, and a letter
was received in opposition to the subjecY petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 3(New Construction or Conversion of Small Structures), as defined in the
State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition 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
health and safety of the Citizens of the City of Anaheim:
1. That a final landscape plan for the entire site, indicating type, size and location of proposed
landscaping and irrigation, shall be submitted to the Planning Services Division of the Planning
Department for review and approval. The landscape plan shall include a minimum of fourteen (14)
24-inch box evergreen trees on Daly Street and a shrub screen to effectively screen the outdoor play
area fencing. Any decision made by the Planning Services Division regarding said plan may be
appealed to the Planning Commission.
2. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications'and cable devices, etc., shall be shown
on plans submitted for building permits. Plans shafl also identify the specific screening treatments of
each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
3. That the water backflow equipment shall be above ground, outside of the street setback area in a
manner fully screened from all public streets. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division in either underground vaults or outside
of the street setback area in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by The Water Engineering Division
and Cross Connection Inspector before submittal for building permits.
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4. That any required relocation of City electrical facilities shall be at the developer's expense. :
Landscape and/or hardscape screening of any pad-mounted equipment shall be required. Said
information shall be specifically shown onplans submitted for building permits.
5. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof ,
materiaL The numbers shall not be visible from the view of the street or adjacent properties. Said
information shall be specifically shown on plans submitted for Police Department, Community
Services Division approval.
Prior to final bui{dinq and zonina inspections th ~foltowina conditions shall be complied with:
6. 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 P{anning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
7. That the applicant shall file an Emergency Listing Card, Form APD-281, with the Police Department
8: That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonmenYs of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
General Conditions:
9. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
10. That this business shatl operate consistent with information contained in the parking letter submitted
by the applicant, dated February 13, 2007. The number of dogs permitted at this facilityshall be
limited to sixty (60). If at any such time the operational characteristics of the business change, a
detailed description of the operational changes shall be submitted for review by staffi. lf it is
determined the expected demand is greater than the spaces provided on site, an application for
modification of the conditional use permit shall be submitted to the Planning Services Division for
approval by the Planning Commission.
11. That A.M.C. Chapter 10.08.020.010 (Use of Public Sewers Required) shall be adhered to by
ensuring that all animal excrement is collected immediately and disposed of properly (i.e. either in
the sanitary sewer, or sealed and placed in municipal solid waste).
12. That A.M.C.Chapter 10.09.020 (Prohibition on Illicit Connections and Prohibited Discharges) shall be
adhered to by preventing any active or passive discharge of pollutants from the site, and more
specifically by adhering to the fiollowing preventative measures
a. Washdown of impervious surfaces (including asphalt with gravel covering) during dry
weather shall be prevented from flowing offsite by collecting flow for disposal or routing flow
to pervious or landscape areas. Regular washdown on a weekly basis at a minimum shall
be performed to ensure waste solids, liquids or sanitizing/cleaning products or product
residuals are flushed from the impervious areas to a cotlection area or to pervious areas for
infiltration.
b. Conduct washdown activities immediately prior to rain events to ensure that rain water does
not wash waste solids, liquids, sanitizing/cleaning solution products or product residuals,
gravel or other pollutants from this site.
c. Sanitizer or similar sprays being used outdoors shall not be used during windy days or prior
to rains when they may be carried offsite.
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That the property shall be permanently maintained in an orderly fashion through theprovision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-
four (24) hours from the time of discovery.:
That all trash generated from this dog day care facility shall be properly contained in trash bins
located within approved trash enclosures. The number of bins shall be adequate and the trash pick-
up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse
from the property. The Community Preservation Division of the Planning Department shall
determine the need for additional bins or additional pick-up. All costs for increasing the number of
bins or frequency of pick-up shall be paid by the business owner.
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
Federa4 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.
That 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 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 compliance with each and
all of the conditions hereinabove set forth. . Should any such condition, or any part thereof, be decfared
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
shafl 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
April 2, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning '
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal rocedures and may be replaced
by a City Council Resolution in the event of an appeaL
CHAIR ANAHEIM PLANNING COMMISSION ~
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTI' OF ORANGE , ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on April 2, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, fAESSEL, FLORES, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI, ROMERO
IN WITNESS WHEREOF, 1 have hereunto'set my hand this ~ day of
~ a. ' , 2007.
' f/YZv~1...~.,.v
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION