Resolution-PC 2008-117RESOLUTION NO. PC2008-117
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CLASS 3 CATEGORICAL EXEMPTION
ANP APPROVING AN AMENDIvIENT TO CONDITIONAL
USE PERMIT NO. 2007-05193 (TRACKING NO. CUP2008-05380)
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2007-30.
(1431 NORTA DALY STREET)
WHEREAS, on Apri12, 2007, the Anaheim City Planning Commission, adopted
Resolution No. PC2007-30, granting Conditional Use Permit No. 2007-05193 to permit a dog
daycare and boarding facility with waivers or minimum number of parking spaces and required
enclosure oFoutdoor uses, and
WHEREAS, the project is currently developed with an industrial building and is
located in the I(Industrial) zone; that the Anaheim General Plan designates this property for
General Industrial land uses; and
WHEREAS, the Anaheim City Planning Commission did receive a veriFied
Petition for cedain real property in the City of Anaheim, County of prange, State of California,
shown on Exhibit A, attached hereto and incorporated herein by this reference for an amendment
to previously-approved Conditional Use Permit No. 2007~05193 (Tracking No. CUP2008-
05380) to amend a condition of approval to increase the maximum number of dogs from 60 to
112; and
WHEREAS, the Planning Commission did hold a public hearing at Yhe Civic
Center in the City of Anaheim on December 8, 2008, 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 L 8.60, to hear and cpnsider evidence for and against said proposed
amendment to tt~e 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 an amendment to Condition of Approval No. 4 to increase the maximum
number of dogs From 60 to 112 is permitted under authority of Code Section ( 8.60.190;
2. That an amendment to a cpndition oF approval will not adversely affect the
adjoining land uses or the growth and development of the area because the overall number of
kennels and customers would not increase and the business is currently operating without any
impacts to uses in the vicinity;
3. That the size and shape of the site is adequate to allow full development of [he
proposed use in a manner not detrimental to the particular area nor to the peace, health, saFety,
and general welfare because no increase i~ the size of the building is proposed;
PC2008-1i7
4. That granting of the amendment to the conditiona3 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 because the requested
increase in number of dogs would not result in an increase in the number of customers or
vehicles and no changes are proposed to the exterior of the building;
5. That the amendment will not cause fewer off-street parking spaces to be provided
For the dog daycare and boarding Facility than the number of spaces necessary to accommodate
all vehicles For employees and visitors since appropriate areas have been designated for parking
and circulatio~ and would not change as part of this request; and
6. That no persons indicated their presence at said public hearing in opposition; and
that no correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project fatls wifihin the defmition of Categarical
Exemptions, 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 City Planning
Commission for the reasons hereinabove stated does hereby approve the proposed amendment to
Conditional Use Permit No. 2007-05193 as requested by the applicant.
BE IT FURTHER RESOLVED that the Anaheirn City Planning Cammission for
the reasons hereinabove stated does hereby amend, in their entirety, the conditions pf approval
adopted in connection with Flanning Commission Resolution No. PC2007-30 and as adopted in
connection with Conditional Use Penmit No. 2007-OS L93, to read as shown in Exhibit "B"
attached hereto and incorporated by this reference, which conditions are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the health,
safety and general welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 1$.60.190 (Amendment to Permit
Approval) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs
complianee with each and all of the conditioas hereinabove set ForCh. Should any such condition,
or any part thereof, be declared invalid or unenforceable by the final judgment of the court of
competentjurisdiction, then this Resolution, and any approvals herein contained, shall be deemed
null and void. _
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BE [T FURTHER RESOLVED that the property owner/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, prior to the issuance of building permits or commencement of
activity for this project, whichever occurs first. Failure to pay all charges shall result in delays in
the issuance of required pemuts or the revocation of the approva! of this apptication.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 8, 2008. 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.
~ ~
CHAIRM ANA IELM ANN NG COMMISSION
A'
SECRETARY, ANAHEIM PLANN[NG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anak~eim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on December 8, 2008, by the following vote of the members thereo£
AYES: COMMISSIONERS: KARAKI, AGARWAL, FAESSEL, EASTMAN, RAMIREZ,
BUFFA
NOES: COMMISS[ONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
December, 2008. ~~
SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A" __.
CONDITIONAL USE PERMIT NO. 2007-05193
r
~.,
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EXFIIBIT "B"
CONDTTIONAL USE PERMIT NO. 2007-05226
Responsible for
No. ' Conditions of Appraval Monitoring
1 That subject property shall be developed substanrially in accordance with plans and p~anning
specifications submitted to the City of Anaheim by the applicant and which plans
are on file with the Planning Department marked E~ibit Nos. I and 2, and as
conditioned herein.
2 That 4-Foot high address numbers shall be maintained on the roof in a contrasting Planning
color to the roof material. The numbers shall not be visible from the view of the
street or adjacent propeRies.
3 That no required parking area shall be fenced or otherwise enclosed for outdoor Public Works '
storage uses.
4 That this business shall operate consistent with iaformation contained in the Planning
parking letter submitted by the applicant, dated October 28, 2008. The number of
dogs permitted at this Facility shall be limited #0 1 12. If at any such time the
operational characteristics of the business change, a detailed description of the
operational changes shaU be submitted for review by staff. If it is determined the
expected demand is greater than the spaces provided on site, an application for
modification of the conditioual use permit shall be submitted to the Planning
Services Division for a roval b the Plannin Commission.
5 That A.M.C. Chapter 10:08.020A10 (Use of Public Sewers Required) shall be Public Works
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).
6 That A:M.C.Chapter 10.09.020 (Prohibition on Illicit Connections and Prohibited public Works
Discharges) shall be adhered to by preventing any active or passive discharge of
pollutants From 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,~ervious 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
roducts or roduct residuals, ravel or other ollutants from this site.
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No. CondiHons of Approvat Responsible-for i
Monitoring
c. Sanitizer or similar sprays being used outdoors shall not be used during
wind da s or rior to rains when the ma be carried offsite.
~ That the property shall be permanently maintained in an orderly fashion through Code
the provision of regular landscaping maintenance, removal of trash or debris, and Enforcement
removal of raffiti within twent -four (24 hours from the time of discove .
g That all trash generated from this dog day care facility shall be properly contained Public Works
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 &e uenc of ick-u shall be aid b the business owner.
9 That timing for compliance witli conditions of approval may be amended by the Planning
Planning Director upon a showing of good cause provided (i) equivalent timing is
established that satisfaes the original intent and purpose of the condiHon(s), (ii)
the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated signtficant progress toward establishment oFthe use
or approved development.
10 That extensions for further time ko complete conditions of approval may be Planning
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
ll That approval of this application constitutes approval of the proposed request Planning
only to the extent that it complies with the Anaheim Municipal Zoning Code and
any pther applicable City, State and Federa] regulations. Approval does not
include any action or findings as to compliance or approval of the request
regarding any other applicable prdinance, regulation or requirement.
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