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PC 82-83RESOLUTION N0. PC82-83 A RESOL'JTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2326 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from ANTRANIK AND VERCIN OZBAG, 1 Plymouth Irvine, CA 92714, owner, and Robert F. Rife, 1901 East Fourth Street, Santa Ana, ~A 92705, agent, of certain real property~situated in the City of Anaheim, County of Orange, State of California, described as: THE WEST 230 FEET OF THE NURTH 5 ACRES OF THE WEST 20 ACRES OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, AS PER MAP THEREOF RECORDED IN BOOK 51, PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, STATE OF CALIFORNIA. EXCEPTING THEREFROM THE 40RTH 254 FEET THEREOF. WHEREAS, the City Planning Canmission did hold a public hearing at the City Hall in the City of Anaheim on May 3, ~982, at 1:30 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 18.03, to hear and consider evidence for and against sa~d proposed conditinnal use permit and to investigate and make findings and recoromendations in connection therewith; and WHEREAS, said Cortmission, 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 followings facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.050 to wit:to permit a veterinary hospital in the CL (Commerciai, Limited} Zone. 2. That the proposed use is hereby aranted for a period of one (1) year, subject to review by the Planning Commission for possible extensions af eime to determine whether or not the use has had a detrimental effect on the adjacent residential area. 3. That the proposed use is hereby granted subject to the following stipul- ations made by the petitioner at the public hearir~g; a. That no animal board and care facilities, other than the overnight stays of animals in connection with the normal veterinary hospital functions, shall be maintained on the facilities. b. That all animals shall be confined inside the building at all times. c. That sound ~ttenuation measures shall be provided inside the building, if needed, in order that no animal noises or sounds are discernable outside the building at the property lines. 4. That the proposed use will not adversely affect the adjoining land uses and the g~owth and davelopment of tfie area in which it is proposed to be located. 5. That the size and shape of the site proposed for the use is adequate to allow the full development of the porposed use in a manner n~r detrimental to the particular area nor to the peace, health, safety, and genaral welfare of the Citizens of the City of Anaheim. PC82-83 6. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety, and general ~aelfare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. e 8. That 20 persons indicated their presence at said public hearing in opposition; and that a petition containing approximately 64 signatures was received in opposition to the subject petotion. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a veterinary hospital in the CL (Commercial, Limited) Zone on a rectangularly-shaped parcel of land ~ansisting of approximately 0.3 acre, having a frontage of approximately 79 feet on the east side of Magnolia Avenue and being located.approximately 250 feet south:uf'the centerline of~Lincoln• Avenue (116 South Magnolia Avenue);and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for corixnercial professional land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the porposal; that the Initial Study submitted by the petitioner indicates no sognifi- cant individual or cumulative adverse environmental lmpacts; and tliat the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby Found to ba a necessary prerequisite to the proposed use of the subject property in ord:r to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That vehicular access to and from the property as well as on-site vehicular circulation shall be subject to the review and approval by the City Traffic Engineer. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 3. That Condition Nos. 1 and 2, above-mentioned, shall be complcied with prior to final bnilding and zoning inspections. 4. That no animal shall be boarded at the premises except for o'vernight stays in connection with normal veterinary hospital functions. 5. That all animals shatl bo confined inside the building at all times. 6. That sound attenuation measures shall be installed, if needed, to prevent any animal noises from being heard outside the building at the pr•operty lines. PC82-83 -2- 7. That the use is approved for one (1) year at which time and upon written request uy the petitioner, the use may be extended if there has been no detrimental effect on the adjacent residential properties. BE IT FURTHER RESOLVED that the Anaheim City 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 Resolutio~, and any approvals herein contained, shall be deemed null and void. THE FOREG01~^ RESOLUTION is signed and approved by this 5th day of May, 1982. ~...k~ GZ • ~.~.-.,.~... ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION n ~-~l K ~w ~ • SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss, CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby, certify that the foregoing resolutio~i was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 5, 1982, by the following vote of the members thereof: AYtS: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRi, HERBST, K)NG, h!C 8tlP,NEY NOES; COMMISS10tdERS: N(~NE ABSENT: CUMMfSSIONERS: NuNE IN WITNF_SS WHEREOF, I have hereunto set my hand this 5th day of May, 19$~, ~~2~ .~° ~r,ti,~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC82-83