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Resolution-PC 2014-113RESOLUTION NO. PC2014 -113 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2014 -04991 AND AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1402 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014 -00122 ) (900 EAST BROADWAY) WHEREAS, on July 10, 1973, and subject to certain conditions of approval, the City Council of the City of Anaheim, by its Resolution No. 73R -271, (1) approved Conditional Use Permit No. 1402 (herein referred to as the "Original CUP ") to permit an animal hospital at 900 East Broadway in the City of Anaheim, County of Orange, State of California, which is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property ") The conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the 'Previous Conditions of Approval "; and WHEREAS, the Planning Commission did receive a verified petition to amend the Original CUP to permit the expansion of an animal hospital at the Property in conjunction with Variance No. 2014 -04991 to permit fewer off - street parking spaces than required by the Zoning Code ('Proposed Project ") pursuant to Section 18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Code ( "Code "). Said amendment is designated as Conditional Use Permit No. 1402A; and WHEREAS, the Property is located in the "C -G" General Commercial Zone and is subject to the zoning and development standards of Chapter 18.08 (Commercial Zones) of the Code. The Anaheim General Plan designates the Property for Residential, Low- Medium land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 15, 2014 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 (Procedures) of the Code, to hear and consider evidence for and against proposed and Variance No. 2014 -04991 and Conditional Use Permit No. 1402A, 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, 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 - 1 - PC2014 -113 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. 1402A , does find and determine the following facts: 1. The request to amend the Original CUP to expand the animal hospital is properly one for which a conditional use permit is authorized, subject to the imposition of conditions of approval. 2. The request to amend the Original CUP, under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property is developed with a low client volume animal hospital that has been operating for over 40 years at this location. 3. The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare. 4. The traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the animal hospital only services two to three clients per hour. 5. The granting of Conditional Use Permit No. 1402A, 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. WHEREAS, the Planning Commission does further find and determine that the request for a variance for less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040 Minimum number of parking spaces. (13 spaces required; 8 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; 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 animal hospital; 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 number of clients for the animal hospital would not increase as a result of this expansion. -2- PC2014 -113 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 animal hospital. 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. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 1402A and Variance No. 2014- 04991 are hereby approved, thereby amending the Original CUP and permitting fewer off - street parking spaces than required by the Zoning Code for the Proposed Project. BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised Conditions of Approval ") amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP and this Conditional Use Permit No. 1402A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 1402A. BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit B attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the Property under Variance No. 2014 -04991 and Conditional Use Permit No. 1402A 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, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -3- PC2014 -113 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. 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 Decmber 15, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (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. CHAIRMAN, PL ING COMMISSION 'OF-i'HE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -113 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 December 15, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of December, 2014. zwm=� � SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2014 -113 EXHIBIT "A" DEV NO. 2014 -00122 APN: 037- 163 -01 3� F .q V A G Z u � W w , 50' G 2 G Z N � A NA s� ovo Source: Recorded Tract Maps and. /or City GIS. Feet Please note the accuracv is +t- two to five feet. -6- PC2014 -113 EXHIBIT "B" VARIANCE NO. 2014-04991 AND CONDITIONAL USE PERMIT NO. 1402A (DEV2014- 00122) -7- PC2014 -113 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 ' An investigation inspection shall be conducted to determine if the Planning Department, unpermitted expansion meets the Building Code. Plans shall be Building Division submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including all applicable building codes as adopted by the City. The appropriate permits shall be obtained for any unpermitted work. 2. All requests for new water serices or fire lines, as well as any Public Utilities modifications, relocations, or abandonments of existing water Department, Water services and fire lines, shall be coordinated through the Water Engineering Division Engineering Division of the Anaheim Public Utilities Department. 3. The parking lot shall be re- striped to comply with Engineering Planning Department, Detail Nos. 436 and 470. The property shall be maintained in Planning Services conformance with these standards. Division 4 ' The propery owner shall irrevocably offer to dedicate to the City Public Works of Anaheim an easement to the ultimate right -of -way 26.75 feet in Department, wdith from the survey centerline (45 feet from construction Development centerline) of Broadway and a corner cut -off easement dedication Services Division at Broadway and Vine street for road, public utilities and other public purposes. WITHIN 120 DAYS OF APPROVAL OF THIS PERMIT 5. The property owner shall obtain an encroachment license for the Public Works freestanding sign on the north side of the building since it is Department, located within the Broadway ultimate right -of -way easement. Development Services Division OPERATIONAL CONDITIONS 6. All doors of the animal hospital shall remain closed at all times to Planning Department, mitigate any noise. Planning Services Division 7. The trash enclosure shall be maintained in a location acceptable to Public Works the Public Works Department, Streets and Sanitation Division, and Department, Streets in accordance with approved plans on file with said Department. and Sanitation -7- PC2014 -113 -8- PC2014 -113 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 8. Any graffiti painted or marked upon the premises or on any Planning Department, adjacent area under the control of the business owner shall be Code Enforcement removed or painted over within 24 hours of being applied. Division 9. All activities related to the use shall occur indoors, except as may Planning Department, be permitted by an authorized Special Event Permit. Code Enforcement Division 10. No outside storage shall be permitted. Planning Department, Code Enforcement Division 11. Adequate lig of p arking lots p and q � g p g , s P g Y, recesses Planning Department, grounds contiguous to buildings shall be provided with lighting of Planning Services sufficient wattage to provide adequate illumination to make clearly Division visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. GENERAL CONDITIONS OFAPPROVAL 12. Conditions of approval related to each of the timing milestones Planning Department, above shall be prominently displayed on plans submitted for Planning Services permits. For example, conditions of approval that are required to be Division complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 13. The Applicant shall defend indemnify, fy, and hold harmless the City Planning Department, and its officials, officers, employees and agents (collectively referred Planning Services to individually and collectively as "Indemnitees ") from any and all Division 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. -8- PC2014 -113 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 14. The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of Planning Services the issuance of the final invoice or prior to the issuance of building Division 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. 15. The subject Property shall be developed substantially in Planning Department, accordance with plans and specifications submitted to the City of Planning Services Anaheim by the petitioner and which plans are on file with the Division Planning Department, and as conditioned herein. -9- PC2014 -113