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Resolution-PC 98-19RESOLUTION NO. PC98-19 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3997 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State of California, described as PARCELS 1, 2, 4 AND 5, AS SHOWN ON A MAP FILED IN BOOK 63, PAGE 5 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY CRLIFORNIA. PARCELS 3, AS SHOWN ON A MAP FILED IN BOOK 50, PAG~ 43 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SA~D COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at ihe Civic Center in the City of Anaheim on February 2, i998 at 1:30 p.m., notice of said public hearing tiaving been duly given as required by law and fn accordance with the provisions of the Anaheim M~~nicipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and n!ake findings and recommendations in connection therewith; and WHEn~P.S; said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due con;:ideration of zIl evidence and reports offered at said hearing, does find and determine tF~e following facts: 1. That the proposed use is properly ono for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.050 to permit a 2,100 sq. ft. full-service veterinary clinic in an existing commercial center. 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; 3. 7hat the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare because the proposal will be in certain suites of an existing commercial center, the parking provided on thz property exceeds Code recuirements, and adequate circulation is provided; 4. That the traffic generated by the proposed use wili not impose an undue burden upon the streets and highways designed and improv~id to carry the traffic in the area; 5. That granting of this conditional use permit, uncie~ the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and 6. That no one indicated their presence at said ~ublic hearing in opposition; znd that no correspondence was received in opposition to the subJect petifion. CR3180PL.DOC -1- PC98-19 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: 7hat ±he Anaheim City Planning Commission has reviewed the proposal to permit a 2,100 sq. ft. full-service veterinary clinic in sn existing commercial center on a 11.4-acre property located at the northeast corner of Noh! Ranch Roacl ar.d Anaheim Hills Road with frontages of 480 feet on the ncrth side of Nohl Ranch Road and 399 feet on the east side of Anaheim Hills Road (430 South Anaheim ;iills Road, Suites H, I and J- Anaheim Hills Plaza); and does hereby approve the Negative Caclaration upon finding that ihe declaration reflects ihe independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there (s no substaniial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditiona! Use Permit, upon the following conditions which are hereby found to be a necessary prereyuisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the proposal shali comply with all signing requirements of the CL(SC) (Commercial, Limited- Scenic Corridor Overiay) Zone unless a variance allowing sign waivers is approved by the Planning Commission. 2. That special events, including the display of banners, shall be conducted only as autherized by, and under the terms of, a Special Events Permit obtained from the Planning Department. 3. That the business owner shall be responsible for implemenfing measures to assure that noise and odor from this veterinary clinic does not adversely affect the~ adjacent and nearby businesses and residential uses. 4. That animal boarding facilities shall not be permitted. 5. That the hours of operation shail be limited to Monday throu~h Saturday, 8 a.m. to 6 p.m., with occasional urgent care after hours, as specified by the petitioner. G. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 3108 (permitting sales of beer and wine for on-premises cor~sumption in a restaurant) to the Zoning Division. 7. That any droppings from animais exercised on the property shall be immediately removed and disposed of in a suitable trash container. 8. That the petitioner shall obtain a valid City of Anaheim Business License from the Business License Division of the Finance Department. 9. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner, and which plans are on file with :he Planning Department marked Exhibit Nos. 1 and 2. 10. That prior to commencement of the activity authorized by this resolution or within one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 6, 8 and 9, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 11. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipai Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of ihe request regarding any other applicable ordinance, regulation or requirement. -2- PC98-19 BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adaption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forih. Should any such condition, or any part thereof, be declared invalid or unenforceabls by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and vold. THE FOREGOING RESOLUTION was adopted at the Planning Commission meetinc~ of February 2, 1998. ~lG~ ~-~ -~-T'~ l t7i1.I" CHAIRMAN ANAHEIM CITY PLANNING COMM SSION ATfEST: ~ SECRETARY, HEIM C~TY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CI1Y OF ANAHEIM ) !, Margarita Soiorio, Secretary of the Anahefm 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 February 2, 1998, by the following vote of tho members thereof: AYES: COMMISSIONERS:BOSTWIGK, BOYDSTUN, BRISTOL, NENNINGER, RAPOLES, PERAZq NOES:COMMISSIONERS: NONE ABSENT: COMMISSIONERS:MAYER IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of _~~ ~ 1998. ~il ~.~O~NkC9~ SECRETA ANAHEIM CITY PLANNING COMMISSION -3- PC98-19