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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. -2- PC2013 -062 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 APN: 037 - 015 -18 v P C C£�.�. -sT UM W 0PY -S� w C. 2 SjR� ,�C)E cn r " 10 0) PIN "=t ON 5R P,1D PIN "N 5� 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. -6- PC2013 -062