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Resolution-PC 2015-007RESOLUTION NO. PC2015 -007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014 -05777 AND VARIANCE NO. 2014 -04999 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00140) (4570 EAST EISENHOWER CIRCLE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition to approve (i) Conditional Use Permit No. 2014- 05777 to permit a dog daycare and boarding facility with an outdoor play area, and (ii) Variance No. 2014 -04999 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code ") (collectively referred to herein as the "Proposed Project ") for premises located at that certain real property at 4570 Eisenhower 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 is approximately 0.6 acres in size and is currently developed with an industrial building. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located in the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94 -1 (SP 94 -1) Zoning and Development Standards) of the Code, combined with the zoning and development standards of the underlying base zone for the Property, which is the "I" Industrial Zone. Unless otherwise indicated in Chapter 18.120 of the Code, the standards of the "I" Industrial Zone contained in Chapter 18.10 (Industrial Zone) of the Code shall apply to the Property. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply in addition to, and where inconsistent with, shall supersede any regulations of the "I" Industrial Zone; and WHEREAS, the Proposed Project is a use not expressly authorized or permitted in the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area or the "I" Industrial Zone and is also not authorized or mentioned in any zone throughout the City. Pursuant to the authority conferred upon the Planning Director by Section 18.66.040 (Approval Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and, specifically, paragraph .0201 of Subsection .020 (Unlisted Uses Permitted), the Planning Director has found and determined that the Proposed Project does not fit into an existing use class, as provided in subsection .020 (Inclusion of Specific Uses) of Section 18.36.020 (Classification of Uses), but may be authorized by conditional use permit until such time as the Code is amended to include such a use; and - 1 - PC2015 -007 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 (i.e., Class 1 — Existing Facilities) 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 WHEREAS, on January 26, 2015, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2014 -05777 and Variance No. 2014 - 04999, and to investigate and make findings and recommendations in connection therewith; 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 Conditional Use Permit No. 2014 -05777 to permit a dog daycare and boarding facility with an outdoor play area within an industrial building, does find and determine the following: 1. Pursuant to the authority conferred upon the Planning Director by Section 18.66.040 (Approval Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and, specifically, paragraph .0201 of Subsection .020 (Unlisted Uses Permitted), the Planning Director has found and determined that the Proposed Project does not fit into an existing use class, as provided in subsection .020 (Inclusion of Specific Uses) of Section 18.36.020 (Classification of Uses), but may be authorized by conditional use permit until such time as the Code is amended to include such a use; and 2. The proposed conditional use permit to permit a dog daycare and boarding facility, as conditioned herein, 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 the building is surrounded by compatible buildings and uses; and 3. The size and shape of the site for the use is adequate to allow the full development of the dog daycare and boarding facility in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing industrial building that is surrounded by other industrial and office uses. 4. The traffic generated by the dog daycare facility 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 adequate parking will be provided to accommodate the use. -2- PC2015 -007 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 as the proposed land use will be integrated with the surrounding industrial uses and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for Variance No. 2014 -04999 to allow less parking than required by the Code in conjunction with the proposed dog daycare and boarding facility should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (46 spaces required; 10 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 of such use. A parking justification letter was prepared by the applicant, determining that the current number of parking spaces within the Property is sufficient to accommodate the dog daycare and boarding facility; 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 proposed dog daycare and boarding facility; 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 on -site parking for the dog daycare center will adequately accommodate peak parking demands of all uses on the site; 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 dog daycare and boarding facility. 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. -3 - PC2015 -007 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014 -05777 and Variance No. 2014 - 04999, 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 Anaheim Municipal 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 Anaheim Municipal 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 January 26, 2015 Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2015 -007 CHAIRMAN PRO- TEMPORE, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 January 26, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 26 "' day of January, 2015. Xz .'.� "Ov�� ECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5 - PC2015 -007 EXHIBIT "A" DEV NO. 2014 -00140 APN: 346- 301 -05 ,ORAtVGETHO AVE i i i i i i i 0 F-A E EISE1VII :- _WER C1 1 i ! Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. r W WM��- � F -6- PC2015 -007 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014 -05777 AND VARIANCE NO. 2014 -04999 (DEV2014- 00140) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The applicant shall be responsible for maintaining the area Planning Department, adjacent to the premises over which they have control, in an Code Enforcement orderly fashion through the provision of regular maintenance and removal of trash or debris. 2 The applicant shall ensure that all animal excrement is Planning Department, collected immediately and disposed of properly. Planning Services Division 3 The outdoor play area shall be monitored at all times to Planning Department, ensure safety and noise control. Planning Services Division 4 No required parking area shall be fenced or otherwise Planning Department, enclosed for outdoor storage. Code Enforcement 5 The business shall be operated in accordance with the Letter of Request and Parking Justification Letter submitted as part Planning Department, of this application. Any changes to the business operation Planning Services Division as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and Parking Justification Letter and to ensure compatibility with the surrounding uses. 6 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be Police Department removed or painted over within 24 hours of being applied. GENERAL CONDITIONS 7 The applicant is responsible for paying all charges related to the processing of this discretionary case application within Planning Department, 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. -7- PC2015 -007 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents Planning Department, (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. 9 The Property shall be developed substantially in accordance Planning Department, with plans and specifications submitted to the City of Planning Services Division Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. -8- PC2015 -007