Resolution-PC2025-014RESOLUTION NO. PC2025-014
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO
PERMIT AN OUTDOOR PLAY AREA IN CONJUNCTION WITH AN
ANIMAL BOARDING FACILITY AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2024-00059)
(1189 NORTH FOUNTAIN WAY)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve a conditional use permit for an outdoor
play area in conjunction with an Animal Boarding Facility (the "Proposed Project") on certain real
property located at 1189 North Fountain Way in the City of Anaheim, County of Orange, State of
California, as generally depicted on Exhibit A attached hereto and incorporated herein by this
reference (the "Property"); and
WHEREAS, the Property is approximately 0.51 acres in area and is developed with an
existing 10,722-square-foot single -story industrial building. The Property is designated for
Industrial land uses in the General Plan. The Property is in the Anaheim Canyon Specific Plan No.
2015-1 (SP 2015-1), Industrial Area (DA-1) and is subject to the zoning and development
standards contained in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1)
Zoning and Development Standards) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, outdoor activities in conjunction with an Animal Boarding Facility
require a conditional use permit subject to the approval by the Planning Commission pursuant to
Section 18.120.010 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP
2015-1) Zoning and Development Standards) and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 19, 2025, at 5:00 p.m., with 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 recommendation 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"), the City is the "lead agency" for the preparation and consideration of environmental
documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project are
Categorically Exempt from the requirements to prepare additional environmental documentation
per CEQA Guidelines, Section 15301— Existing Facilities. The Proposed Project is a request for
approval of a conditional use permit to convert a surface parking lot into a gated outdoor play area
for dogs at an existing Animal Boarding facility). The Class 1 Exemption consists of 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 existing or former use. The Proposed Project is a request to convert a surface parking
lot into a gated outdoor play area for dogs at an existing Animal Boarding facility, and operation
would be consistent with historic levels of operation on the subject property_and would therefore
be consistent with this type of exemption. Pursuant to Section 15300.2 (c) and Section 15301 of
Title 14, of the California Code of Regulations, there are no unusual circumstances in respect to
the Proposed Project that would cause a significant effect on the environment and, therefore, the
Proposed Project would be 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 a conditional use permit, does find and determine the
following facts:
1. The Proposed Project is properly one for which a conditional use permit is
authorized as an allowable use within the Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1)
under Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1
(SP 2015-1)) of the Code, subject to a conditional use permit for outdoor uses for Animal Boarding.
2. The Proposed Project, as conditioned herein, 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 project site is located within an established industrial area and is surrounded by industrial uses
that are generally not sensitive to the operational characteristics of an Animal Boarding facility.
The proposed outdoor area will be located at the rear of the property, away from the public right-
of-way and separated from adjacent properties by fencing and setbacks. Additionally, the business
would be subject to ongoing operational and maintenance requirements under the Zoning Code,
including procedures to manage odors and animal waste.
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 the particular area or to the health and safety
because the outdoor play area would be located on a property with an existing industrial building
that is surrounded by other industrial uses and will be confined within the boundaries of the
property to not disrupt adjacent uses. Additionally, the proposed fencing allows for the safe
containment and supervision of pets, thereby ensuring that the use will not pose any adverse
impacts to public health, safety, or the surrounding environment.
4. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets in the area as the proposed outdoor play area will not result in an increase in the
number of pets or customers beyond what is currently permitted under the existing indoor Animal
Boarding use. As such, the project will not generate additional traffic beyond existing conditions.
5. The granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim because the
- 2 - PC2025-014
proposed use will comply with the City's operational and maintenance standards for Animal
Boarding facilities, including waste management, odor control, and secure containment of animals.
The outdoor play area will be enclosed, limited to daytime use, and supervised by trained staff.
These measures will ensure the facility operates safely and does not pose a risk to public health or
safety.
WHEREAS, this 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
negate the findings made in this Resolution. This 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 pursuant to the above findings, this
Planning Commission does hereby approve the conditional use permit, contingent upon and
subject to the conditions of approval set forth 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 for which the conditional use permit is applicable 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 (Extension of Time
to Comply With Conditions of Approval) of the Code. Timing for compliance with conditions of
approval may be amended by the Planning and Building 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
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (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.
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
May 19, 2025. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
- 3 - PC2025-014
(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.
CHAIRP _ SON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTES
SECRBITAR*;-P-I--ANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2024-00059
APN: 345-091-10
EXHIBIT "B"
CONDITIONAL USE PERMIT
(DEV2024-00059)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO OPERATION OF THE OUTDOOR PLAYAREA
1
That curbs adjacent to the drive aisles shall be painted red to
Public Works Department,
prohibit parallel parking in the drive aisles.
Traffic Engineering
Division
2
Fire lanes shall be posted with "No Parking Any Time."
Public Works Department,
Traffic Engineering
Division
3
The applicant shall obtain all required building permits from
Planning and Building
the Building Division for wall signage.
Department,
Planning Services Division
4
The applicant shall schedule and obtain a final inspection and
Planning and Building
written clearance from the Planning Services Division to verify
Department,
that all applicable conditions of approval related to the outdoor
Planning Services Division
play area have been satisfied and that the area has developed
substantially in accordance with plans and specifications
submitted to the City of Anaheim, which plans are on file with
the Planning Services Division. If, during the inspection, the
Planning Services Division identifies any deficiencies or
deviations from the approved plans, the applicant shall make all
necessary corrections to bring the outdoor play area into
compliance with the approved plans prior to its use. Operation
of the outdoor play area shall not occur until written approval is
anted.
GENERAL
5
The business shall operate in accordance with the Letter of
Planning and Building
Request submitted as part of this application. Any changes to
Department,
the business operation as described in these documents shall be
Planning Services Division
subject to review and approval by the Planning Director to
determine substantial conformance with these documents and to
ensure compatibility with the surrounding uses.
6
The number of customers arriving on -site for dropping off or
Planning and Building
picking up dogs shall be limited to no more than five (5) at any
Department,
one time. The applicant shall manage appointments or
Planning Services Division
scheduling procedures as necessary.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
7
The number of dogs permitted at any given time at this facility
Planning and Building
shall be limited to seventy (70).
Department,
Planning Services Division
8
The outdoor play area shall be supervised by staff at all times to
Planning and Building
ensure safety and sanitary conditions.
Department,
Planning Services Division
9
That A.M.0 Chapter 10.08.020.010 (Use of Public Sewers
Planning and Building
Required) shall be adhered to by ensuring that all animal
Department,
excrement is collected immediately and disposed of properly
Community Preservation
(either in the sanitary sewer, or sealed and placed in municipal
solid waste).
10
That A.M.C. Chapter 10.09.020 (Prohibition on Illicit
Planning and Building
Connections and Prohibited Discharges) shall be adhered to by
Department,
preventing any active or passive discharge of pollutants from
Community Preservation
the site, and more specifically by adhering to the following
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 collection area or
to pervious areas for infiltration.
b. Conduct washdown activities immediately prior
to rain events to ensure that rainwater 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 rain when
they may be carried offsite.
11
That all trash generated from this dog day care facility shall be
Planning and Building
properly contained in trash bins located within approved trash
Department,
enclosures. The number of bins shall be adequate, and the trash
Community Preservation
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 and Building
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
12
That the property shall be permanently maintained in an orderly
Planning and Building
fashion through the provision of regular landscaping
Department,
maintenance, removal of trash or debris, and removal of graffiti
Community Preservation
within twenty-four 24 hours from the time of discovery.
13
The Applicant/Owner shall defend, indemnify, and hold
Planning and Building
harmless the City and its officials, officers, employees and
Department,
agents (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.
14
The premises shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim
Department,
by the applicant, which plans are on file with the Planning
Planning Services Division
Services Division, and as conditioned herein.
15
The Applicant/Owner is responsible for paying all charges
Planning and Building
related to the processing of this discretionary case application
Department,
within 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.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Bridgette Bambrick, 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 May 19, 2025, by the following vote of the members
thereof:
AYES: Chairperson Walker, Commissioners Castro, Kelly, Lieberman, Perez, and Tran-
Martin.
NOES:
ABSTAIN:
ABSENT: Commissioner Abdulrahman
IN WITNESS WHEREOF, I have Vry4�se ,tx hand this 19 'day of May 2025.
SECRE' ING COMMISSION
OF THE CITY OF ANAHEIM