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Resolution-PC 2010-002RESOLUTION NO. PC2010 -002 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009 -05469 (DEV2009- 00072) (5557 EAST SANTA ANA CANYON ROAD SUITE 103) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009 05469, to permit veterinary services within an existing commercial center for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference. WHEREAS, this property is developed with a commercial center located in the General Commercial (C -G) zone and the Anaheim General Plan designates the property for neighborhood center land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 4, 2010, at 3:30 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 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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 a conditional use permit, does find and determine the following facts: 1. The request to permit veterinary services in the General Commercial (C -G) zone is properly one for which a conditional use permit is authorized under Code Section 18.08.030.040.0402 (Veterinary Services) of the Anaheim Municipal Code. 2. The operation of the veterinary clinic will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the use is entirely within an existing building with no outside activities and it is compatible with existing commercial uses. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because this use will be located within an existing tenant space of an established commercial center. 4. The traffic generated by the veterinary services will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because a 1 PC2010 -002 total of 271 parking spaces are provided for the commercial center including the veterinary clinic and the demand for parking for this use is the same as uses permitted in the commercial zone. 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is similar to commercial uses in the area and activities would occur entirely within the existing tenant space. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt frorn the requirement to prepare additional environmental documentation. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2009-05469 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 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 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 this conditional use permit is approved without limitations on the duration of the use. 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 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 the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the 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. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. 2 PC20 l 0-002 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 4, 2010. A ft EST: STATE OF CALIFORNIA COUNTY OF ORANGE ss. crry OF ANAHEIM ABSENT: COMMISSIONERS: CHAIRMAN, NONE AYES: COMMISSIONERS: RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE SENIOR SECRETARY ANAHEIM CITY PLANNING COMMISSION PLANNING COMMISSION Grace Medina, Senior Secretary of the Anaheim 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 January 4, 2010, by the following vote of the members thereof: AMENT, AGARWAL, BUFFA, FAESSEL, KARAKI IN WI I NESS WHEREOF, I have hereunto set my hand this 4W day of January, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010-002 I A PN: -07 EXHIBIT DEV2009- 00072 91 FREEWAY e.0 SANTA ANA CANYON E AN `A ANA CANYON RD Source: P ocorded Tract fv1ap s and/or City G IS. Please rote the accuracy is 1/ -two to the feet. 10886 5 PC2010 -002 NO. CONDITIONS OF APPROVAL PRIOR TO COMMENCEMENT OF THE „BUSINESS 1 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2009-05469 (DEV2009-00072) The business shall be equipped with an alarm system (silent or audible). 2 Complete a Burglary/R.obbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheimpet/article.asn?id=678 Address numbers shall be positioned so as to he readily readable from the street. Numbers should be illuminated during hours of darkness. 4 Rear entrance doors shall be numbered in the same address numbers or suite number of the business. Minimum height of 4" recommended. 6 7 8 All exterior doors to have adequate security hardware, e.g. deadbolt locks. The locks shall he so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece 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. File Emergency Listing Card, Form APD-281, with the Police Department, available at the Police Department front counter, or it can be downloaded frorn the following web site: http://www.anahei m,net/art Mechanical equipment designed to reduce odor emissions from the interior space shall be installed for this tenant space and screened from view. Such information shall be shown on plans submitted for building permits. 6 RESPONSIBLE FOR MONITORING Police Department Police Department Police Department Police Department Police Department Police Department Police Department Planning PC2010-002 GENE 9 11 1 1 11 u YIN yr: 1 The following operating conditions shall be adhered to in order to maintain cleanliness of Family Pet Clinic and surrounding parking areas. A sign shall be posted in the lobby asking clients to advise a staff member of any animal waste outdoors so that it can be properly removed and cleaned. Doggie poop bags will be available at all times for clients use. All cats shall be transported to and from the clinic in a pet carrier and dogs shall be on a leash. All patients shall wait indoors. All animal holding rooms shall be sound insulated in all walls and ceiling. The demising wall shall be sound insulated and the ceiling throughout the tenant space shall be sound insulated. 10 Within a period of three (3) years from the date of this resolution, the appropriate permit(s) shall be obtained from the City of Anaheim and the use allowed by this permit shall be established. The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No.1 (Site Plan) and Exhibit No. 2 (Floor Plan) and as conditioned herein. Code Enforcement Planning Planning 7 PC2010-002