Resolution-PC 2004-44~ ~
RESOLUTION N(a. PC2004-44
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT pETITION FOR CONDITIONAL USE PERMIT N0. 2004-04842 BE GRANTED, IN PART
(8290 EAST CRYSTAL DRNE)
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 LOTS 3, 4, D AND E OF TRACT N0. 865, IN THE COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 28,
PAGE 18 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAlD COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE CITED
AS HAVING A BEARING OF NORTH 29° 04' 13" WEST AND A LENGTH OF 150.00 FEET
1N PARCEL 1 OF A DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 15, 1970
IN BOOK 9316, PAGE 150 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY
RECORDER; THENCE SOU7H 29° 04' 20" EAST, 150.00 FEET ALONG SAID CERTAIN
COURSE; THENCE SOUTH 11° 44' 01" EAST CURVE CONCAVE SOUTMWESTERLY AND
HAVING A RADIUS OF 1537.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT
BEARS NORTH 60° 55' 40" EAST, SAID CURVE BEING CONCENTRIC WITH AND 63.00
FEET SOUTHWESTERLY FROM THAT CERTAIN CURVE IN THE CENTERLINE OF WEIR
CANYON ROAD SHOWN AS BEING CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 1600.00 FEET, A LENGTH OF 1232.14 FEET AND A CENTRAL ANGLE OF 44°
07" 22" ON SURVEYOR'S MAP S.M. 70-10 ON FILE IN THE OFFICE OF THE COUNTY
SURVEYOR OF SAID COUNTY; THENCE NORTHWESTERLY 235.04 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 8° 45' 43", THENCE NORTH 52° 09' 58" EAST,
13.00 FEET ALONG THE NORTHEASTERLY PROLONGATION OF A RADIAL LINE OF
SAID CURVE TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 1550.00 FEET, SAID CURVE BEING CONCENTRIC WITH
AND 50.00 FEET SOUTHWESTERLY FROM SAfD CENTERUNE OF WEIR CANYON
ROAD, THENCE NORTHWESTERLY 591.87 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 21° 52' 43" TO A POINT ON A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 10,270.00 FEET, A RADIAL LINE OF
SAID CURVE TO SAID POINT BEARS SOUTH 36° 36' 07" EAST, SAID CURVE BEING
CONCENTRIC WITH AND 70.00 SOUTHEASTERLY FROM THAT CERTAIN CURVE CITED
AS BEING CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 10,200.00 FEET, A
LENGTH OF 3105.31 FEET AND A CENTRAL ANGLE OF 17° 26' 36" IN THE
SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO TNE ORANGE
COUNTY FLOOD CONTROL DISTRICT, RECORDED APRIL 8, 1969 IN BOOK 8921, PAGE
238 OF SAID OFFICIAL RECORDS, THENCE NORTNEASTERLY 107.91 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 0° 36' 07" TO A POINT ON A NON-
TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1650.00
FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 31 ° 44' 24" EAST,
SAlD CURVE BING CONCENTRIC WITH AND 50.00 FEET NORTHEASTERLY FROM SAID
CENTERLINE OF WEIR CANYON ROAD; THENCE SOUTHEASTERLY 597.03 FEET
ALONG SA1D CURVE THROUGH A CENTRAL ANGLE OF 20° 43' S4", THENCE NORTH
52° 28' 18" EAST 13.00 FEET ALONG THE NORTHEASTERLY PROLONGATION OF A
RADIAL LINE OF SAID CURVE TO A POINT ON A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVIGN A RADIUS OF 1663.00 FEET, SAID CURVE BEING
CONCENTRIC WITH AND 63.00 FEET NORTHEASTERLY FROM SAID CENTERLINE OF
WEIR CANYON ROAD; THENCE SOUTHEASTERLY 245.44 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 8° 27' 22'; THENCE NON TANGENT TO SAID CURVE
SOUTH 31 ° 39' 52" EAST 225.23 FEET TO AN INTERSECTION W ITH THAT CERTAIN
COURSE CITED AS HAVING A BEARING OF NORTH 60° 55' 47" EAST AND A LENGTH
OF 59.99 FEET IN SAID PARCEL 1 OF THE DEED TO THE STATE CALIFORNIA, THENCE
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ALONG THE BOUNDARY LINE OF SAID PARCEL 1 THE FOLLOWING COURSES:
SOUTH 60° 55' 40" WEST 23.19 FEET, NORTH 29° 04' 20" WEST, 325.00 FEET AND
SOUTH 60° 55'40" WEST 100.00 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 19, 2004, 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
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 and
determine the following facts
1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Sections 18.44.050.050 and 18.84.062.032 to construct a veterinary hospital and animal
boarding facility with roof-mounted equipment with waivers of the following:
(a) SECTION NO. 18.04.043.101(a)
Maximum fence heiaht (3-foot hiah permitted within the
required front yard setback; 7-foot hiah proposed)
(b) SECTION NO. 18.05.091.010
(c) SECTION NO. 18.05.091.020
(d) SECTION NO. 18.84.062.012
(e) SECTION NO. 18.84.062.014
Permitted commercial identification in the Scenic
Corridor Overlav Zone (one 26 square-foot single-faced
sign permitted per street frontage; one 21 square-foot
double-faced monument sign proposed)
Maximum number of wall siqn (1 permitted; 5
proposed)
Required structural setback adiacent to an arterial
hiqhway (DELETED)
Reauired improvement of setback areas. (20 feet fully
landscaped required; 6-19 feet proposed)
2. That waiver (a), pertaining to maximum fence height within the front yard setback is hereby
approved on the basis that the 7-foot high combination block wall and wrought iron fence would be located
from 13 to 46 feet from the property lines along Weir Canyon Road and Savi Ranch Parkway and because of
the severe change in topography from the right-of-way and the building pad elevation, and because the
property is irregularly-shaped with street frontage on three (3) sides, which severely limits the building
envelope.
3. That waiver (b), pertaining to permitted commercial identification in the Scenic Corridor Overlay
Zone is hereby approved on the basis that a previous waiver for this sign was approved based upon the
irregularly-shape and topography of the property as it relates to the surrounding right-of-way, limited access,
and limited visibility from Weir Canyon Road and that although the Code allows three (3) freestanding signs on
this property due to the number of street frontages, only one sign is proposed.
4. That waiver (c), pertaining to maximum number of wall signs is hereby approved on the basis that
the aggregate area of all the signs is less than half (42%) the total signage allowed by Code. Moreover, a
previous waiver for seven wall signs was approved based upon the irregular shape and topography of the
property as it relates to the surrounding right-of-way, limited access, and limited visibility from Weir Canyon
Road (due to the topography).
5. That waiver (d), pertaining to required structural setback adjacent to an arterial highway is hereby
denied on the basis that it is not necessary and has been deleted.
6. That waiver (e), pertaining to required improvement of setback areas is hereby approved on the
basis that that a majority of the landscaping reflected on the landscape plan exists and was installed as part of
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the approval for the carwash faciliry and that the landscape improvements are more than two times what is
required by Code along the majority of the street frontage mitigating the limitations of the site due to the
topography, irregular shape and grade level relative to Weir Canyon Road.
7. 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 as the design of the new building and operation
of the proposed use would be compatible with the surrounding commercial land uses. Additionally, the
proposed roof-mounted ventilation hoods would not be visible from any public street, public or private property
at finished grade level, or any floor level of any residential structure, and would comply with the Code;
8. 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;
9. 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; and
10. That the granting of the 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.
11. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
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 roof-
mounted equipment with waivers of: (a) maximum fence height, (b) permitted commercial identification in the
Scenic Corridor Overlay Zone (deleted), (c) maximum number of wall signs, (d) required structural setback
adjacent to an arterial highway, and (e) required improvement of setback areas on an irregularly-shaped 1.04-
acre property; 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, upon the following conditions which are hereby found
to be a necessary prerequisite 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 property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24) hours from time
of occurrence.
2. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
3. That a final landscape plan for the entire site, indicating type, size and location of proposed landscaping
and irrigation, shall be submitted to the Zoning Division of the Planning Department for review and
approval. The landscape plan shall include a minimum of eight (8) 24-inch box evergreen trees on Crystal
Drive and a minimum size of 24-inch box or 8-10 foot brown trunk height size for palm trees for trees
within the setback areas and trees distributed throughout the parking area. Any decision made by the
Zoning Division regarding said plan may be appealed to the Planning Commission, and/or Ciry Council.
Said information shall be specifically shown on plans submitted for building permits.
4. 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 dead.
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5. That signage for subject facility shail be limited to that shown on the exhibits submitted by the petitioner
and approved by the Planning Commission. Any additional signage shall be subject to approval by the
Planning Commission.
6. That no sign shall be lighted between the hours of midnight and 6:30 a.m., unless otherwise open for
business or during those hours.
7. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
8. That there shall be no public telephones on the premises located outside the building.
9. That the water backflow equipment shall be above ground, outside of the street setback area in a manner
fully screened from all public streets. Any other large water system equipment shall be installed to the
satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streets and alleys. Said information shall be
SpeClfically shown on plans and approved by The Water Engineering Division and Cross Connection
Inspector before submittal for building permits.
10. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter
shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal
Code. Said information shall be specifically shown on plans submitted for building permits.
11. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonments of existing water service lines and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
12. That all existing water services and fire lines shall conform to current Water Services Standards and
Specificafions. Any water service and/or fire line that does not meet current standards shall be upgraded
if continued use if necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire
line.
13. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval
showing conformance with the current version 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 the driveway on Crystal Drive shall be reconstructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall
be specifically shown on plans submitted for building permits.
15. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular
traffic on the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan
No. 609 and shall be subject to review and approval of the City Traffic and Transportation Manager prior
to issuance of building permits.
16. That an on-site trash truck turn-around area be provided per Engineering Standard Detail No. 610 and as
required by the Maintenance Division. Said information shall be specifically shown on plans submitted for
building permits.
17. 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.
18. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape
and or hardscape screening of all pad-mounted equipment shall be required. Said information shall be
specifically shown on plans submitted for building permits.
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19. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof materiaL
The numbers shall not be visible from the view of the street or adjacent properties. Said information shaU
be specifically shown on plans submitted for Police Department, Community Services Division approval.
20. That the applicant shall file an Emergency Listing Card, Form APD-281, with the Police Department.
21. That the property owner shall submit a letter requesting termination of Conditional Use Permit Na 2000-
04201 (to expand an existing car wash facility including an auto service (oil and lube) with waivers of a)
permitted freestanding sign, b) maximum number of wall signs, and c) required structural setback
adjacent to an arterial highway), Variance No. 4239 (waiver of maximum`number of wall signs to
construct 4 wall signs in conjunction with a previously approved car wash facility), and Conditional Use
Permit No. 3556 (to permit a service station/car wash facility with waiver of minimum structural setback,
required landscaped setback and permitted roof-mounted equipment) to the Zoning Division.
22. That the roof-mounted equipment authorized by this conditional use permit shall be properly maintained
in compliance with Code Section 18.84.062.032. Said information shall be specifically shown on plans
submitted for building permits. No additional roof mounted equipment shall be permitted unless reviewed
and approved by the Planning Commission as a Reports and Recommendations item.
23. That the use authorized by this conditional use permit shall be operated in substantial conformance with
the information contained in paragraph (15) of the April 19, 2004, staff report to the Planning
Commission.
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 Exhibit Nos. 1 through 7, and as conditioned herein; except that the sign exhibit is
hereby modified to delete the "Pet ResorY' wall sign from the east elevation and replace it with a wall sign
not to exceed 39 square feet, reading "24-Hour Emergency Care Service".
25. 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. 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,
28, 29 and 30 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.
26. That prior to final building and zoning inspections, Condition No. 24 and 30, above-mentioned, shall be
complied with.
27. 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. Approvat does not include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
28. That the legal property owner shall submit an application for an Encroachment License to the Public
Works Department, Development Services Division for any structures, including retaining wall, trees, light
fixtures and an access ramp within the existing public utility easement as reviewed and approved by the
City Engineer.
29. That all tree species to be planted within the public utility easement shall be approved by the Public
Works Department, Design Division.
30. That the applicant shall submit to the Public Works Department, Development Services Division for
review and approval a Water Quality Management Plan, that:
Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas:
Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan. '
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• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
. Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment
Control BMPs, and
. Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs.
31. 7hat prior to issuance of a certificate of occupancy, the applicant shall:
. Demonstrate that all structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement a~l non-structural BMPs described in the
Project WQMP.
. Demonstrate that an adequate number of copies of the approved Project WQMP are available on site.
. Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April
19, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions -
General" of the Anaheim Municipal Code pertaining to appeal proced~res and may be replaced by a City
Council Resolution in the event of an appeal. ~, ~ , n, „
ANAHEIM CITY PLANNIIVG COMMISSION
, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 April 19, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BOSTWICK
~ IN WITNESS WHEREOF, I have hereunto set my hand this _~?~~=~day of
, 2004.
SENIO SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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