2003-230RESOLUTION NO. 2003R- 230
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2003-04746
WHEREAS, the City Planning Commission of the City of Anaheim did receive an
application for a conditional use permit with a waiver of certain provisions of the Anaheim
Municipal Code to permit a veterinary hospital and animal boarding facility upon certain real
property located within the City of Anaheim, County of Orange, State of California, legally
described as:
THOSE PORTIONS OF LOT 4, BLOCK 34, OF YORBA LINDA
TRACT, AS SHOWN ON MAP RECORDED IN BOOK 5,
PAGES 17 AND 18 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
ACQUIRED BY THE STATE OF CALIFORNIA BY DEEDS
B5383 AND B5386, RECORDED IN BOOK 6088, PAGE 98
AND IN BOOK 9550, PAGE 698, RESPECTIVELY, BOTH OF
OFFICIAL RECORDS IN SAID OFFICE, BOUNDED
NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY
BY THOSE CERTAIN COURSES IN THE BOUNDARY LINE
OF PARCEL 7 OF STATE HIGHWAY RELINQUISHMENT
NO. 346, RECORDED IN BOOK 7588, PAGE 305 OF SAID
OFFICIAL RECORDS, AND DESCRIBED THEREIN AS
HAVING THE FOLLOWING BEARINGS AND DISTANCES:
NORTH 70° 35' 43" WEST, 28.98 FEET; NORTH 50° 42' 26"
WEST, 178.59 FEET; NORTH 46° 37' 25" WEST, 44.15 FEET;
NORTH 01° 38' 56" EAST, 34.89 FEET; AND NORTH 09° 08'
02" EAST, 65.61 FEET.
AND BOUNDED NORTHEASTERLY AND
SOUTHEASTERLY BY THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHERLY TERMINUS OF SAID
COURSE DESCRIBED AS HAVING A BEARING AND
DISTANCE OF NORTH 09° 08' 02" EAST, 65.61 FEET IN SAID
PARCEL 7; THENCE SOUTH 43° 06' 20" EAST, 89.38 FEET;
THENCE SOUTH 52° 12' 57" EAST, 169.91 FEET; THENCE
SOUTH 10° 16' 39" EAST, 49.18 FEET TO A CURVE IN THE
SOUTHEASTERLY LINE OF KELLOGG DRIVE (FORMERLY
ORCHARD DRIVE), 60 FEET WIDE, SAID CURVE SHOWN
AS CONCAVE SOUTHEASTERLY AND HAVING A RADIUS
OF 380.00 FEET; THENCE SOUTHWESTERLY ALONG SAID
CURVE FROM A TANGENT WHICH BEARS SOUTH 33° 07'
39" WEST, THROUGH A CENTRAL ANGLE OF 05° 58' 32"
AN ARC LENGTH OF 39.63 FEET TO SAID BOUNDARY
LINE OF SAID PARCEL 7.
AND AS FOLLOWS THOSE PORTIONS OF LOT 4, BLOCK
34, OF YORBA LINDA TRACT, AS SHOWN ON MAP
RECORDED IN BOOK 5, PAGES 17 AND 18 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
BEGINNING AT THE POINT OF INTERSECTION OF THE
CENTERLINE OF SHORT STREET AND UNNAMED STREET
AS SHOWN ON PARCEL MAP NO. 90-144, RECORDED IN
BOOK 269, PAGES 1 AND 2 OF PARCEL MAPS, RECORDS
OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF
SHORT STREET SOUTH 54° 07' 45" EAST 105.76 FEET;
THENCE LEAVING SAID CENTERLINE AT A RIGHT ANGLE
NORTH 35° 52' 15" EAST 51.46 FEET TO THE END OF THE
SOUTHEASTERLY TERMINUS OF A CERTAIN COURSE IN
THE BOUNDARY LINE OF PARCEL 7 OF STATE HIGHWAY
RELINQUISHMENT NO. 346, RECORDED IN BOOK 7588,
PAGE 305 OF OFFICIAL RECORDS OF SAID COUNTY,
DESCRIBED AS N 46° 37' 25" W, 44.15 FEET; SAID POINT
ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG THE BOUNDARY LINE OF SAID PARCEL
7 SOUTH 50° 42' 26" WEST 178.59 FEET;
THENCE ALONG SAID CURVE AND RIGHT-OF-WAY LINE
2.40 FEET THROUGH A CENTRAL ANGLE OF 00° 07' 54" TO
WHICH A RADIAL BEARS SOUTH 63° 26' 55" EAST;
THENCE WESTERLY SOUTH 85° 24' 48" WEST TO THE
BEGINNING OF A LINE PARALLEL WITH AND 30.00 FEET
NORTHEAST OF SAID CENTERLINE OF SHORT STREET;
THENCE ALONG SAID PARALLEL LINE NORTH 54° 07'45"
WEST 184.36 FEET TO SAID LINE AT A RIGHT ANGLE TO
THE CENTERLINE OF SHORT STREET;
THENCE ALONG SAID LINE NORTH 35° 52' 15" EAST 21.46
FEET TO THE TRUE POINT OF BEGINNING; and
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WHEREAS, the City Planning Commission did hold a public hearing upon said
application at the City Hall in the City of Anaheim, notices of which public hearing were duly
given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal
Code; and
WHEREAS, said Commission, after due inspection, investigation and studies
made by itself and on its behalf and after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC2003-133 granting, in part, Conditional Use Permit
No. 2003-04746; and
WHEREAS, thereafter, within the time prescribed by law, an interested party
appealed said decision of the Planning Commission and caused such matter to be set for a duly
noticed public hearing before the City Council; and
WHEREAS, at the time and place fixed for said public hearing, the City Council
did duly hold and conduct such hearing and did give all persons interested therein an opportunity
to be heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consideration of all evidence and
reports offered at said hearing, that:
1. The proposed use is properly one for which a conditional use permit is authorized
by the Anaheim Municipal Code because said property is zoned RS-A-43,000 and veterinary
hospitals and animal boarding facilities are permitted in said zone subject to a conditional use
permit.
2. Petitioner proposes to construct a 9,534 square foot building to house a new
state-of-the-art veterinary hospital and animal boarding facility on a vacant lot.
3. The site plan (Revision No. 1 of Exhibit No. 1) indicates a new two-story, 9,534
square foot veterinary hospital building located on the easterly portion of the property. There
would be two animal play (exercise) yards along the north property line adjacent to the freeway
off-ramp, and two customer waiting patio areas, one along the east property line (adjacent to
Kellogg Drive) and one along the south property line (adjacent to Short Street). The site plan
shows a decorative pavement treatment at the entrance of the parking area, the proposed location
of the trash enclosure adjacent to the northerly property line, and several combination block walls
with wrought iron fencing proposed around the new building for the construction of pedestrian
pathways and patio areas. The site plan further indicates the existing and proposed right-of-way
lines along Kellogg Drive and Short Street. The site plan at the east portion of the property
(adjacent to Kellogg Drive) has been revised to reflect the relocation of the proposed retaining
wall and the removal of the double-faced monument sign along Kellogg Drive.
4. A 25-foot wide driveway from Short Street would provide vehicular access to the
property. Plans indicate 24 on-site parking spaces. Code does not specify a minimum number of
required parking spaces for veterinary hospitals. The submitted parking study indicates a
demand of 18 spaces at peak use. The petitioner has provided a total of 24 on-site parking spaces
as indicated in the parking study and as recommended by the City Traffic and Transportation
Manager.
5. The floor plans (Exhibit Nos. 2 and 3) for the proposed building indicate that the
first floor would contain a lobby and reception area, comfort room, restrooms, four exam rooms,
and a surgical treatment area with scrub and pack and radiology areas. The first floor would also
contain an isolation and necropsy area, three animal wards, food preparation and janitorial rooms,
and doctor's office. The second floor would contain 18 luxury animal suites, two catteries and
dog daycare, a night attendant post, break room, restroom, and grooming center with associated
storage.
6. Elevation plans and a materials board (Exhibit Nos. 4, 5 and 6) indicate a new
contemporary ranch style building 30 feet 10 inches high (code permits a maximum building
height of 30 feet so the applicant has agreed to reduce the building height to 30 feet). The
building would incorporate the use of gable and dormer roof elements with an asphalt shingle
roof designed to mimic wood shingles consistent with ranch style design (Owens Coruing
Oakridge Pro 50 Deep Shadow Asphalt Shingles - Brownwood Weathergard HP). Every
building elevation would incorporate the use of ledgestone treatment (El Dorado Stone Wainscot
Veneer Idaho Drystack Custom Blend with variegated Tan and Grey mix) and solid core
horizontal shiplap siding (Behr Color Canyon View # ECC-20-1P). The north elevation (facing
the freeway) would contain an exterior stairway, rear entrance/exit doorways, mechanical
screening, and associated signage. The west elevation (facing single family residential and the
parking area) would contain the main entrance to the facility as well as one utility entrance/exit.
Both the south and east elevations (facing Short Street and Kellogg Drive respectively) would
contain not only the dormer and gable roof elements, but would also architecturally incorporate
decorative metal accent awnings (Behr Color Obsidian Stone # ECC-253D), and associated
accent window trim and fascia to match the color palette of the building. At the northeast coruer
of the building, the structure includes a curved barrel treatment, which consists of a smooth
plaster finish (Behr Color Canyon View # ECC-20-1P).
7. The conceptual landscape plan (Exhibit No. 7) indicates proposed front yard
setback landscaping consisting of four small columnar trees, two small flowering trees, and
associated shrubbery and groundcover. The side yard landscaping along Short Street includes
eight small columnar trees, nine multi-trunk trees, one flowering tree, and associated shrubbery
and groundcover. Parking lot landscaping includes three landscape fingers and perimeter parking
lot landscaping containing ten accent trees with associated shrubbery and groundcover.
Screening shrubs are proposed along the front of the trash enclosure facing the parking lot area in
compliance with Code. Two additional landscaped areas are proposed (one adjacent to the
driveway entrance and one adjacent to the west side of the building) containing five trees (four
small columnar trees and one multi-trunk tree) and associated shrubbery and groundcover. Code
requires a minimum of one (1) tree per every twenty (20) feet of street frontage to be planted in
the landscape area adjacent to the street frontage (4 trees on Kellogg Drive and 11 trees on Short
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Street), as well as at least one (1) tree per three thousand (3,000) square feet of parking area
and/or vehicular accessways distributed throughout the parking area (20,678/3000 square feet =
7 trees). A planter area of forty-eight (48) square feet per tree is required, with a minimum
planter dimension of five (5) feet separating every ten parking spaces.
8. The elevation plans (Exhibit No. 4) and cross-section plan (Exhibit No. 8)
indicate one wall sign to be located on the north elevation of the building facing the freeway, and
one commercial identification sign to be located on the curved portion of a new retaining wall
facing Kellogg Drive (east elevation) (the petitioner has revised the sign plan by deleting the
proposed 50 square foot double-sided monument sign). The wall sign would consist of
internally-illuminated channel lettering and would be approximately 41 square feet in size. The
proposed commercial identification sign facing Kellogg Drive would consist of 1 O-inch raised
letters (Times New Roman), would be approximately 20 square feet in size, and illuminated by
external accent lighting within the adjacent planter area. The Code permits one lighted or
unlighted sign of a maximum of twenty square feet in area, identifying any on-site uses permitted
in the zone in which the property is located. When frontage on more than one street exists, one
such sign may be permitted on each additional street frontage (two signs allowed for this
facility). Such signage may be placed on the building below the roof level or, if freestanding,
shall be monument type not exceeding four feet in height as measured from the ground upon
which the sign is constructed, and not closer than seven feet to any public right-of-way. The
maximum number of signs per street frontage may be increased to two, provided such signs are
incorporated into entry monument walls placed on either side of a main driveway entrance.
9. The cross-section details and grading plan (Exhibit Nos. 8 and 9) demonstrate the
relationship between the proposed location of the animal hospital and associated parking area to
Short Street and Kellogg Drive. The plan depicts the cross-section details of the parking area as it
relates to Short Street, the animal hospital building as it relates to Kellogg Drive at two points,
and the animal hospital building as it relates to Short Street. These cross-section details and the
grading plan indicate that the new building pad elevation would be 1-2 feet above the current
grade of the property, and approximately 4 feet above grade of both Short Street and Kellogg
Drive. The grading plan demonstrates the property would be generally flat upon completion.
The portion of the site containing the building would be above street grade (4 feet), however, the
portion of the site containing the parking area would be approximately 9 feet below street grade
(Short Street inclines traveling westerly adjacent to the property). The grading plan and
cross-section further indicate a large landscaped berm between the parking area and Short Street.
To the west of the project site, the properties are generally above grade, and to the south of the
project site across Short Street, the properties are generally below grade.
10. The photometric plan (Exhibit No. 10) indicates the lighting design would consist
of 12-foot high light standards within the parking area, as well as bollard lighting at the driveway
entrance on Short Street. The plan indicates the resultant foot-candle ratio throughout the
parking area and along the perimeter of the parking area, the unit used to measure the amount of
light that reaches a surface. Foot-candles equal lumens divided by the area illuminated in square
feet. One foot-candle is equal to one unit of light flux (one lumen) distributed evenly over a
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one-square-foot surface area. The photometric distribution indicates a range of 0-0.59
foot-candles of illumination along the southerly property line on the north side of Short Street
and 0.13 - 1.33 foot-candles of illumination along the west side of the parking area. The Code
requires the lighting of parking areas adjoining residential premises be so arranged and directed
as to reflect the light away from adjoining residential premises and shall not exceed a height of
twelve (12) feet. The submitted lighting design complies with the Code and the resultant
foot-candle illumination is consistent with industry standard (1.0-2.0 foot-candles at the property
line) to ensure no overflow or glare to adjacent properties.
11. The revised submitted letter of operation indicates the facility would operate as a
full service veterinary medical center offering medical, surgical, dental, preventative medicine,
and diagnostics for small mammals, birds, reptiles, and amphibians. The petitioner has indicated
no equine or bovine animals would be treated at this facility. The hours of operation for the
facility would be 7 a.m. to 9 p.m. Monday through Friday, and 8:00 a.m. to 5:00 p.m. Saturday
and Sunday. Doctors would only be available for scheduled appointments 8:00 a.m. to 6:00 p.m.
Monday through Friday and 10:00 a.m. to 2:00 p.m. on Saturdays. No appointments would be
scheduled on Sunday. The facility would also offer animal boarding services and grooming
services, as well as accessory retail sales of medical/health products for customers. The
petitioner also indicates that effective sound control mitigation techniques would be incorporated
into the construction of the building (sound attenuating vestibules, sound rated walls, proper
insulation, and mechanical baffles) in order to reduce the impact of potential noise sources on
surrounding neighborhoods. An example of this mitigation application is the incorporation of a
perforated acoustic ceiling tile with an appropriate NRC (noise reduction coefficient) and ceiling
insulquilt sound adsorbent material in the wards and suites to provide a high degree of sound
absorption and resonance control. The petitioner further indicates that exterior upper floor
glazing at the ward areas will be dual glazed to help mitigate potential noise. The interior floor
design would also incorporate sound transmission vestibules to prevent incidental noise escaping
to the outside environment. These sound vestibules would work similar to that of a "mud" room.
However, instead of trapping conditioned air, they serve to contain potential noise leaving the
wards or runs by utilizing two self-closing doors leading to and from each ward and/or suite. All
dog ward and run areas would be located within the building. There would be two outdoor play
areas at the north portion of the property, abutting the freeway off-ramp, to exercise a few
animals at a time. Animals would be supervised by an attendant at all times. The air handling
systems would be constructed to not only reduce noise but the emission of odor to the outdoors.
Additionally, all animal waste would be deposited into specifically designed receptacles that
would connect to the sanitary sewer system on site. The petitioner has indicated that this facility
would not respond to emergency calls for animal treatment or for carcass pick-up. All calls are
routed to the East Hills Animal Hospital after 6:00 pm. Rarely would emergency services be
necessary at this location. Although no permanent staffing of after-hour emergency services is
proposed, there may be occasions when a doctor would respond to an emergency at the facility.
There would be 8 to 12 employees for the hospital and boarding operation. The total number of
employees anticipated for this particular veterinary hospital is consistent with well established /
published veterinary management practice standards. The facility is designed to support 2 to 3
doctors and at full capacity, the facility would serve no more than 6 to 8 clients at any one time.
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One attendant would be on duty throughout the night for the animal boarding portion of the
business operation.
12. Because of the concerns related to traffic safety at the intersection of Short Street
and Kellogg Drive, the petitioner has modified the portion of the project along Kellogg Drive by
removing the proposed sign and relocating the proposed retaining wall and fencing 8 feet to the
west resulting in a setback of 8 to 14 feet from the property line to provide greater visibility for
vehicles traveling east on Short Street as they approach the intersection at Kellogg Drive. The
revisions proposed by the petitioner would improve visibility at this intersection and improve the
current visibility concerns. As indicated in the revised letter of operation, the maximum vehicle
trips generated per hour at full use would be approximately 8 trips, which would have no
significant impact on the level of service of the intersection at Short Street and Kellogg Drive.
Although contrary evidence was presented to the City Council by opponents to the project,
because the use is proposed at the gateway of a residential neighborhood on a secondary arterial,
there would be little impact or "pass-through" traffic on local neighborhood streets. As indicated
by the Traffic Engineering Division at the previous meeting, the City conducted data collection in
October 2002, and performed a traffic signal warrant analysis at this intersection. A traffic signal
would only be installed if an intersection meets the minimum criteria established by State and
other professional transportation engineering organizations. The intersection of Short Street and
Kellogg Drive currently does not meet these requirements. Traffic volume on the minor street
(Short Street) only meets 63% of the required volume. In addition "Accident Experience"
warrant has not been met. The accident warrant is met when an intersection experiences 5 or
more accidents within a 12-month period.
13. The applicant has submitted an acoustical analysis of the potential noise impact
resulting from animal sounds and activities within the animal hospital. The residential properties
directly to the south of the subject property were of particular concern. Section 6.70 of the
Anaheim Municipal Code indicates that:
"No person shall, within the City, create any sound, radiated for extended periods
from any premises which produces a sound pressure level at any point on the
property line in excess of sixty decibels (Re 0.0002 Microbar) read on the A-scale
of a sound level meter."
The applicant has indicated in the letter of operation the design and construction elements that
would be incorporated into the site. Sound control mitigation techniques would include sound
attenuating vestibules, sound rated walls, proper insulation, and mechanical baffles, to reduce the
impact of potential noise sources on surrounding neighborhoods. Exterior upper floor glazing at
the ward areas would be dual glazed to mitigate potential noise. The interior floor design would
also incorporate sound transmission vestibules and self-closing doors to prevent incidental noise
escaping to the outside environment. Additionally, all dog ward and run areas would be located
within the building. Given the design and construction elements, as well as the operational
characteristics of the proposed animal hospital, the resultant sound pressure levels at the south
property line would be 47.8 dBA, well below the maximum allowed by Section 6.70 of the Code,
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and much less than the ambient noise level of 64 dBA from vehicle traffic along Kellogg Drive
and the Richard M. Nixon Freeway (SR-90) exit ramp. A condition of approval prohibits any
outdoor special events to eliminate any potential increase in noise sources outside the building.
No animals would be housed outside, and no dog runs are located outside. There would be two
small play yards at the north side of the building abutting the freeway off-ramp, which would be
used for periodic exercise under the supervision of hospital staff during normal business hours.
14. The submitted photometric plan indicates the lighting design would result in
0-0.59 foot/candles of illumination along the southerly property line on the north side of Short
Street. Because the introduction of bollard lighting at the driveway entrance (as recommended
by the City of Yorba Linda Planning Department) and 12-foot high light standards, as well as the
grade variation between the main parking area and Short Street (the parking area is 9 feet below
the center line of the street), there would be no impact on adjacent properties south or west of the
site. The properties to the south along Brandon Circle are further shielded by a 6-foot high block
wall and the building pads of these homes are approximately 14-16 feet below the grade of Short
Street. The nearest house adjacent to the site to the west is approximately 141 feet away from the
proposed parking area. The photometric study indicates the design and lighting would be
consistent with standards set forth in the Municipal Code (maximum 12 feet in height, directed
and shielded to reduce spill and glare), and is consistent with industry standards for light and
glare, and would not result in a negative impact to adjacent and surrounding properties. The
petitioner would be required to establish a lighting plan consistent with this exhibit.
15. Addressing the concerns related to on-site grading and preventing the site from
receiving off-site drainage, the petitioner has indicated that on-site improvements related to the
existing culvert would also accommodate drainage from the adjacent property to the west, and
would have no negative impact on the drainage pattern from the neighboring property. Other
concerns expressed at the meeting related to retaining walls along the west side of the property,
as well as the building pad elevation for the animal hospital building. The submitted
cross-section details and a revised grading plan, demonstrate that the new building pad elevation
would be 1-2 feet above the current grade, and approximately 4 feet above grade at the centefline
of Short Street, and show that no retaining walls are proposed at the west side of the property
adjacent to the parking area. The petitioner would be required to obtain a grading permit for
improvements necessary to accommodate the proposed building and parking area.
16. Veterinary hospitals and animal boarding facilities are permitted within the
RS-A-43,000 Zone subject to the approval of a conditional use permit. The design of the new
building and operation of the proposed use would be compatible with the surrounding residential
land uses. This use is a less-intense commercial use that would not have characteristics of typical
commercial properties (glare, traffic, noise, spontaneous customer visitation). The site's location
is adjacent to a freeway (Richard M. Nixon Freeway), and a secondary arterial (Kellogg Drive),
and is at the periphery of an existing residential neighborhood which renders the site suitable for
the proposed less-intense commercial use. The proposed animal hospital would be in close
proximity to single family residential neighborhoods, and, therefore, conditions of approval
prohibiting outdoor events and the placement of banners at the facility for any type of
promotional event have been included. In addition to these conditions, conditions have been
included pertaining to site landscaping, roof mounted equipment, as well as property
maintenance and business operation. As conditioned, the City Council finds that the proposed
use will not adversely affect adjacent and surrounding properties, the integrity of the residential
neighborhoods would not be compromised. The site is adequate to accommodate the veterinary
hospital and animal boarding facility in a manner not detrimental to the area.
17. That the proposed use as conditioned will 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 site design and location of the proposed building, and the architectural features incorporated
into the project (as hereinabove described) are such that the adjacent and surrounding properties
would not be significantly affected.
18. That the size and shape of the site for the proposed use is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular area nor to the
peace, health, safety, and general welfare because the proposed veterinary hospital is adjacent to
the SR 90 Freeway and Kellogg Drive (Secondary Arterial) and, with the exception of the above
waivers, and as conditioned, the project complies with the provisions set forth in the Code.
19. That the traffic generated by the proposed construction and use will not impose an
undue burden upon the streets and highways designed and improved to carry traffic in the area
due to the fact that the operation will generate approximately 8 trips per hour to the site during
normal business hours.
20. That the proposed use, as conditioned herein, will not adversely affect the
adjoining land uses and the growth and development of this area based on the site's proximity to
the SR 90 Freeway and Kellogg Drive, as well as being located at the edge of a residential
neighborhood; and as conditioned herein, the site design and business operation will be
compatible with the adjacent and surrounding residential properties.
AND WHEREAS, the City Council does further find, after careful consideration
of the action of the City Planning Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested waiver(s) (as hereinafter described), that
all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present
and that said waiver(s) should be granted, for the following reasons:
1. Waiver (a) described below pertains to maximum fence height within the front
yard setback. Code requires that any fence located within the front twenty-five foot wide setback
along Kellogg Drive shall be no more than 3 feet in height. The submitted site plan indicates a
6-foot high combination block wall and wrought iron fence within the required front yard
setback. The proposed fence will be located from 0 to 8 feet from the front (east) property line
(along Kellogg Drive). The proposed fence and wall will be located on a new retaining wall and
will enclose an open patio and walkway along the building front. Because of the severe change
in topography from the right-of-way and the building pad elevation, this waiver is approved.
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2. Waiver (b) described below pertains to permitted signs within residential zones.
In the RS-A-43,000 zone, code permits one lighted or unlighted sign of a maximum of twenty
square feet in area, identifying any on-site use(s) permitted in the zone in which the property is
located. When frontage on more than one street exists, one such sign may be permitted on each
additional street frontage (two signs allowed for this facility). Such signage may be placed on the
building below the roof level or, if freestanding, shall be monument type not exceeding four feet
in height as measured from the ground upon which the sign is constructed, and not closer than
seven feet to any public right-of-way. The maximum number of signs per street frontage may be
increased to two, provided such signs are incorporated into entry monument wails placed on
either side of a main driveway entrance. The proposed wall sign will provide identification for
freeway traffic. Commercial sign standards would allow for a 264 square foot wall sign. The
proposed 41 square-foot wall sign is only 15% of the size commercial signage would be allowed
in this same situation. Because the sign is much smaller than what would be allowed by right for
commercial businesses, and because the sign faces the freeway and is not oriented towards
adjacent and surrounding residential properties, a significant hardship exists and this portion of
the requested waiver is approved. The proposed 20-square foot commercial identification garden
wall sign will be located closer to the property line than what would be allowed by Code. The
wall height is four feet, six inches, however the actual sign height is 2 feet, 6 inches. The
petitioner has revised proposed signage by deleting the monument sign and replacing it with a
smaller garden wall sign, to reflect a reduction in the overall sign size. The existing and new
right-of-way configuration is irregular and the topography varies significantly along Kellogg
Drive, presenting a significant hardship in placing the monument signage in conformance with
code. This waiver is approved in its entirety due to the special circumstances pertaining to the
location of the subject site as it relates to the configuration of the lot and topography along this
portion of Kellogg Drive.
deleted.
Waiver (c) described below pertaining to maximum structural height has been
4. Waiver (d) described below pertains to minimum front yard setback. Code
requires a minimum front yard setback of 25 feet along Kellogg Drive and a setback of 7.5 feet to
16 feet is proposed for the building. In order to minimize the impact of the facility on adjacent
residential properties, the building will be located on the eastern portion of the property. The
existing topography and location of an existing culvert and proposed storm drain at the center of
the property limit the placement of the building on the property. Due to the topography and
development constraints, which do not apply to other similarly zoned properties within the
vicinity, this waiver is approved.
5. Waiver (e) described below pertains to minimum side yard setback. Code
requires a minimum side yard setback of 10 feet and no setback is proposed for the trash
enclosure along the freeway off-ramp. The building itself complies with the Code. This waiver
pertains only to the location of the trash enclosure. The proposed on-site circulation and access,
combined with the proposed location of the building, limit the placement of the trash enclosure
in a manner that both complies with the minimum required side yard setback and ensures that the
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enclosure is screened properly from surrounding residences and not identifiable from adjacent
streets and highways. The site design and access, as well as the configuration of the property
create a hardship with regard to the relocation of the trash enclosure. The proposed trash
enclosure as viewed from the Kellogg Drive freeway off-ramp will effectively be an extension of
the proposed screen wall and will be indistinguishable from traffic along this off-ramp. Due to
these hardships, this waiver is approved.
NOW, THEREFORE, BE ri' RESOLVED by the City Council of the City of
Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission
approving, in part, said conditional use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2003-04746 be, and the same is hereby, granted permitting a
veterinary hospital and animal boarding facility on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
(a)
Sections 18.04.043.100.101(a)
18.21.063.010
and 18.21.064.090
Maximum fence height.
(permitted: 3-foot high fence in the required
25-foot front setback
along a public street;
proposed: 6-foot high fence with 0 to 8-foot
setback from Kellogg Drive)
(b)
Sections 18.05.080.030
and 18.21.067
Signs permitted in residential zones.
(two identification signs permitted: one sign
per street frontage, maximum 20 sq.ft.
display area per sign, and maximum 4-foot
high monument signs with minimum 7-foot
setback from adjacent public rights-of-way;
two signs proposed: 41 sq.ft. 8 feet
from Kellogg Drive)
(c)
(d)
Section 18.21.062.010
Section 18.21.063.010
Maximum structural height.
(deleted)
Minimum front yard setback.
(25 feet required along a public street;
7V2 to 16-foot building setback proposed
along Kellogg Drive)
(e)
Section 18.21.063.020
Minimum side yard setback.
(10 feet required; none proposed between
the trash enclosure and the north property
line)
subject to the following conditions:
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1. That special events, indoor or outdoor, shall not be permitted; and that no banners
or other temporary or portable advertising devices shall be allowed at any time.
2. That the petitioner shall submit a Final Sign Plan for review and approval by
Zoning Division staff. The color and illumination of the wall sign facing the SR-90/Richard
Nixon Freeway shall incorporate muted tones. Any decision made by the Zoning Division
regarding said plan may be appealed to the Planning Commission and/or City Council. Said
information shall be specifically shown on the plans submitted for building permits.
3. That all roof-mounted equipment shall be completely screened from visibility
from surrounding properties, streets and the freeway. Said information shall be specifically
shown on the plans submitted for building permits.
4. That the property shall be permanently maintained in an orderly fashion through
the provision of regular landscaping maintenance, removal of trash or debris, and removal of
graffiti within twenty four (24) hours from time of occurrence.
5. That no required parking area shall be fenced or otherwise enclosed for storage or
other outdoor use.
6. That a landscape plan for the entire site, specifying type, size and location of
proposed landscaping and irrigation, shall be submitted to the Zoning Division of the Planning
Department for review and approval. Any decision made by the Zoning Division regarding said
plan may be appealed to the Planning Commission and/or City Council. Said information shall
be specifically shown on the plans submitted for building permits. This landscape plan shall
include the following:
(a) That a minimum of four (4) evergreen trees shall be planted and maintained along
Kellogg Drive and eleven (11) evergreen trees shall be planted and maintained along Short
Street. Said trees shall be minimum twenty four (24) inch box sized and shall include at least
five (5), thirty (36) inch box sized, evergreen trees on Short Street.
(b) A minimum of seven (7), twenty four (24) inch box sized, evergreen trees
distributed throughout the parking area with associated planter areas.
(c) Fast growing vines planted adjacent to the proposed screen wall along the Kellogg
Drive off-ramp from the freeway.
7. That any tree and/or landscaping planted on-site shall be replaced in a timely
manner in the event that it is removed, damaged, diseased and/or dies.
8. That the water backflow equipment shall be above-ground and behind the required
setback along the street and shall be fully screened from all public streets. Any other large water
system equipment shall be installed to the satisfaction of the Water Engineering Division in
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either underground vaults or behind the required setback along the street and shall be fully
screened from all public streets. Said information shall be specifically shown on plans submitted
to and approved by Water Engineering and Cross Connection Inspector prior to submittal for
building permits.
9. That because this project has landscaping areas exceeding two thousand five
hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with
Chapter 10.19 (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No.
5349. Said information shall be specifically shown on the plans submitted for building permits.
10. That trash storage area(s) shall be provided and maintained in location(s)
acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance
with approved plans on file with said Department. Said storage area(s) shall be designed, located
and screened so as not to be readily identifiable from adjacent streets or highways. The walls of
the storage areas shall be protected from graffiti opportunities by the use of plants such as
minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall
shrubbery. Said information shall be specifically shown on the plans submitted for building
permits.
11. That a plan sheet for solid waste storage and collection and a plan for recycling
shall be submitted to the Public Works Department, Streets and Sanitation Division, for review
and approval.
12. That an on-site trash truck turn-around area shall be provided in accordance with
Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works
Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown
on the plans submitted for building permits.
13. That plans shall be submitted to the City Traffic and Transportation Manager for
review and approval showing conformance with the current versions of Engineering Standard
Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject
property shall thereupon be developed and maintained in conformance with said plans.
14. That all driveways shall be constructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 137. Said
information shall be specifically shown on the plans submitted for building permits.
15. That the legal property owner shall submit an application for a Subdivision Map
Act Certificate of Compliance to the Public Works Department, Development Services Division.
A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the
City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a
building permit.
- :1.3 -
16. That the developer shall submit satisfactory evidence to the City of Anaheim that
the Yorba Linda Water District will provide sanitary sewer service to the proposed development.
17. That prior to issuance of grading permit, the applicant shall submit a Water
Quality Management Plan ("WQMP") specifically identifying the post construction best
management practices that will be used on-site to control predictable pollutants from storm water
runoff. The WQMP shall be submitted to the Public Works Department, Development Services
Division, for review and approval.
18. That the legal property owner shall provide the City of Anaheim (Electrical
Engineering Division) with an easement to be determined as electrical design is completed for
electrical service lines. Said easement shall be submitted to the City of Anaheim prior to
connection of electrical service.
19. That any required relocation of city electrical facilities shall be at developer's
expense. Landscape and or hardscape screening of all pad-mounted equipment shall be required.
20. That the petitioner shall pay for an underground line extension from the nearest
electrical source that has the capacity to serve this project's electrical loads.
21. That street lights shall be installed along Short Street as required by the City of
Anaheim Public Utilities General Manager. Said information shall be specifically shown on the
plans submitted for building permits.
22. That four (4) foot high address numbers shall be displayed on the roof of the
building in a contrasting color to the roof material. The numbers shall not be visible to the
adjacent streets or properties. Said information shall be specifically shown on plans submitted to
the City of Anaheim Police Department, Community Services Division, for review and approval.
23. That the petitioner shall file an Emergency Listing Card, Form APD-281, with the
City of Anaheim Police Department.
24. 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 the Planning Department marked Revision No. 1 of Exhibit No. 1 (concept site plan), and
Exhibit Nos. 2 and 3 (concept floor plans), 4 and 5 (concept exterior elevation plans), 6
(materials board), 7 (preliminary landscape plan), 8 (cross-section details), 9 (concept grading
plan), and 10 (site lighting photometric plan); and as conditioned herein.
25. That this facility shall not be available for after-hours emergency service and shall
not be available for animal carcass pick-up. Additionally, this facility shall not provide service
for equine and bovine animals or any wild animal that would be dangerous to nearby residents.
- lzt -
26. That plans submitted for building permits shall specify a reduction in the building
height to a maximum of thirty (30) feet.
27. That the property owner shall submit a letter to the Zoning Division requesting
termination of Variance No. 2000-04405 (proposed waivers of permitted encroachment into
required yard and required street improvements to construct a 6-foot high block wall).
28. That prior to issuance of a building permit or within a period of one (1) year from
the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 6, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17, 18, 19, 21, 23, 26, 27, 32 and 34, herein-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.
29. That prior to final building and zoning inspections, Condition Nos. 22 and 24,
above-mentioned, shall be complied with.
30. 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.
31. That only the outdoor areas located between the building and the freeway shall be
used for exercising dogs. An attendant shall be present at all times when this area is being
utilized.
32. That the plans submitted for building permits shall incorporate the design
recommendations contained in the acoustical analysis prepared by Colia Acoustical Consultants
and dated September 25, 2003, including the following:
(a) All entry doors shall be single acting and self-closing. The entire perimeter shall
be fully weather-stripped.
(b) The gaps around the doors and frames shall be no more than one-sixteen (1/16)
inch. The entry doors shall contain one-quarter (lA) inch glass or shall have a minimum Sound
Transmission Class (STC) rating of 20. Any skylights above the exam room and grooming ward
areas shall be 'double dome' or have a STC rating of 18 or greater.
(c) Rooftop HVAC units shall have ten (10) feet of interior lined acoustical ducting
into each hospital space.
(d) Exterior walls shall be concrete block or seven-eighth (7/8) inch stucco, 2x4 studs
with insulation with one-half 0/2) inch drywall.
(e) Glass in the exterior wall shall be minimum one-quarter (%) inch plate or shall
have an STC rating of 28 or greater.
33. That the business shall operate as indicated in the submitted letter of operation,
including the following:
(a) The hours of operation for the facility shall be limited to:
Monday through Friday:
Saturday:
Sunday:
7 a.m. to 9 p.m.
8:00 a.m. to 5:00 p.m.
8:00 a.m. to 5:00 p.m.
And scheduled appointments shall occur between:
Monday through Friday:
Saturday:
8:00 a.m. to 6:00 p.m.
10:00 a.m. to 2:00 p.m.
(b) All dog ward and run areas shall be located inside the building.
(c) Not more than one (1) attendant shall be on duty throughout the night for the
animal boarding portion of the business operation.
34. That outdoor lighting for the facility shall incorporate decorative bollards at the
driveway entrance from Short Street; and that the maximum height of the decorative light
standards within the parking area shall be twelve (12) feet. The maximum foot-candles at the
south and west property lines shall be five tenths (0.5). Said information shall be specifically
shown on the plans submitted for building permits.
BE IT FURTHER RESOLVED that the City Council 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 conditions, 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.
THE FOREGOING RESOLUTION is approved and
of the City of Anaheim this 2nd day of December
ed by the City Council
E CITY OF ANAHEIM
~ITY CLEI~K OF TI~E CITY OF ANAHEIM
52359.2
- 21_6 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2003R-230 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 2nd day of December 2003, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
Pringle, Tait, Chavez
NOES:
MAYOR/COUNCIL MEMBERS:
McCracken, Hernandez
ABSTAINED: MAYOR/COUNCIL MEMBERS:
None
ABSENT: MAYOR/COUNCIL MEMBERS: None
(SEAL)