Resolution-PC 2003-133~
RESOLUTION NO. PC2003-133
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04746 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of
California, 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 65383 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' S6"
EAST, 34.89 FEET; AND NORTH 09° 08' 02" EAST, 65.61 FEET.
AND BOUNDED NORTHEASTERLY AND SOUTHEASTERLY BY THE FOLLOWING
DESERFBED ~FfttE: - - --
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 LlNE 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 CENTELINE 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 fN 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;
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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
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 8, 2003 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 said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and that said public hearing was continued to
the October 6, 2003 Planning Commission meeting; 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
a~td deter~n+ne ~he €ollowing #ae~s: - - --
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.21.050.030 to wit: to construct a veterinary hospital and animal
boarding facility with the following waivers:
(a) Sections 18.04.043.100.101(a) - Maximum fence heiqht.
18.21.063.010 (permitted: 3-foot hiqh fence in the required 25-foot front setback
and 18.21.064.090 along a public street;
proposed: 6-foot hiqh fence with 0 to 8-foot setback from
Kellogg Drive)
(b) Sections 18.05.080.030 - Siqns qermitted in residential zones.
and 18.21.067 (two identification signs permitted: one sign per street frontage,
maximum 20 sq.ft. display area per sign, and maximum 4-foot
hiqh monument siqns with minimum 7-foot setback from adjacent
public rights-of-way;
two signs proposed: 41 sq.ft. wall siqn facing the SR 90/Richard
Nixon Freewav and 4%2-foot high parden wall siqn set back
a~proximately 1 to 8 feet from Kellogg Drive)
(c) Section 18.21.062.010 - Maximum structural heiqht.
(d) Section 18.21.063.010 - Minimum front vard setback.
(25 feet required along a public street;
7%2 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)
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2. That waiver (a), maximum fence height, is hereby approved on the basis of a special
circumstance applicable to the property, which does not apply to other identically zoned properties in the
vicinity, consisting of a severe change in topography between the Kellogg Drive right-of-way and the building
pad elevation which creates a significant hardship on the property; and that the proposed fence is a
combination bfock wall and wrought iron fence on a retaining wall adjacent to Kellogg Drive.
3. That waiver (b), signs permitted in residential zones, is hereby approved, in part, because
there are special circumstances applicable to the property consisting of its topography,_location and ___
surroundings which do not apply to other identically zoned properties in the vicinity because the existing and
new right-of-way configuration along Kellogg Drive is irregular and the topography varies significantly along
said street, presenting a hardship in placing monument signage in conformance with code, and that the
originally proposed monument sign facing Kellogg Drive has been replaced with a smaller identification sign
on a garden wall; and that the proposed wall sign on the building faces the SR 90/Richard Nixon Freeway
and will not be visible to adjacent and surrounding residences and the display area is only 15% of the size
which would be permitted if the businesses were located in a commercial zone.
4. That waiver (c), maximum structural height, is hereby denied because it was deleted.
5. That waiver (d), minimum front yard setback, is hereby approved on the basis of certain
topographical and development constraints, which do not apply to other similarly zoned properties in the
vicinity; and that the topography and location of an existing culvert and proposed storm drain at the center of
the property limit placement of the proposed building and, additionally, the building is proposed to be located
on the eastern portion of the property to minimize the impact of the proposal on adjacent residential
properties.
6. That waiver (e), minimum side yard setback, is hereby approved on the basis that the waiver
pertains only to a proposed trash enclosure adjacent to the north property line; that the proposed on-site
circulation and access, combined with the proposed location of the building, limit placement of the trash
enclosure in a manner that both complies with the minimum required side yard setback and ensures that the
enclosure is screened properly and not identifiable from nearby residences, adjacent streets and highways;
and that the proposed trash enclosure as seen from the freeway off-ramp will visually be an extension of the
proposed screen wall and will be indistinguishable to traffic on the off-ramp.
7. That strict application of the Zoning Code would deprive the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity.
8. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located because the site design and proposed location of the building
and the architectural features incorporated into the project are such that the adjacent and surrounding
properties will not be significantly affected.
9. That 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 proposed veterinary hospital is adjacent to the freeway and Kellogg
Drive (which is a Secondary Arterial Hlghway) and, with the exception of the approved waivers, complies
with the provisions set forth in the Zoning Code.
90. That the traffic gsnsrated by the proposed use wil! not impose an undue burden upcr #he
streets and highways designed and improved to carry the traffic in the area because the operation will
generate an average of six to eight trips per hour to the site during business hours.
11. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
12. 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 freeway and Kellogg
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Drive, as well as its being located at the edge of a residential neighborhood; and that, as conditioned herein,
the site design and business operation will be compatible with the adjacent and surrounding residential
properties.
13. That one person spoke at the public hearing in favor of the proposal.
14. That 10 people indicated their presence at the public hearing in opposition to the proposal;
and that eight e-mails and telephone calls were received in opposition. __ _.__ _.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a veterinary hospital and animal boarding facility with
waivers of maximum fence height, signs permitted in residential zones, maximum structural height, minimum
front yard structural height and minimum side setback on an irregularly-shaped 0.46-acre property located on
west side of Kellogg Drive befinreen the off-ramp of the SR 90/Richard Nixon Freeway and Short Street,
having frontages of 80 feet on the west side of Kellogg Drive, 340 feet on the south side of the freeway off-
ramp and 224 feet on the north side of Short Street, and further described as 5055 East Short Street; and
does hereby approve the Negative Declaration upon finding that the declaration reflects the 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 is no substantial 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 Conditional Use Permit, in part, upon the following conditions which
are hereby-€ound to be a Reeessary prerequisite tcr the proposed use of the subJect property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
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 tandscape plan for the entire site, specifying type, size and location of proposed landscaping
and irrigation, shall be submitted to the Zor~;ng Division of the Planning Departmer~t for rev~e~v 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 twenry four (24) inch box sized and shall include at least five (5), thirty (36) inch
box sized, evergreen trees on Short Street.
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(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 +nstalled to the satisfaction of the Water Engineering Division in 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. 3aid-storage area(s)-shafl be ctesigned;-located and screened so as not to- be read~ly
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 #ha lega! property owner shall subrrit an application for a Subrlivision Map Act Certificat2 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.
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.
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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 projecYs electrical loads.
21. That street lights shalf be installed along Short Street as required by the City of Anaheim Public Utilities
Generaf 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. ~hat the petitioner shaft file an Emergency Listing Card; Form APD-281, with the City of Rnaheim
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.
26. That plans submitted for building permits shall specify a reduction in the building height to a rnaximum
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, hereir~-mentioned, sha!! be complied with. Extensior~s 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
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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, .___
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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 ('/<) 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 (%2) inch drywall.
(e} G4ass in the exterior- v~all shalE be minirrit~m one-quarter-('/4} inch pl~te or-shall have an S~C ratrng
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: 7 a.m. to 9 p.m.
Saturday: 8:00 a.m. to 5:00 p.m.
And scheduled appointments shall occur between:
Monday through Friday: 8:00 a.m. to 6:00 p.m.
Saturday: 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
tsnths (0.5). Said informa#~on shall be specifically shown on the plans submi#±ed for building permits.
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 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.
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THE FOREGOING RESOLUTION was adopted at th~ Planning Commission meeting of
October 6, 2003.
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C AIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTES . __ _ _ . _ _
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandier, 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 October 6, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'CONNELL, ROMERO
NOES: COMMISSIONERS: VANDERBILT
ABSENT: COMMISSIONERS: NONE
VACANCY: COMMISSIONERS: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2003.
SENIOR S~CRETARY, ANAHEIM CITY PLANNING COMMISSION
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