Resolution-PC 94-21RESOLUTIS~t N9.~.eS~~.~.
A RESOLUTION OF THE ANAHEIM CITY PLANNING CODAMISSInfV
APPROVING MODIFICATION TO
CONDITIONAL USE PERMIT NO. 1855 (READVERTISED)
WHEREAS, on July 3, 1978 the City of Anahelm Planning Commission approvod Condltional
Use Pormit No. 1055 under Resolution No. PC78-153 permittir~g a car Ieasing facflity with wuiver nt required
enci~sure ot outdoor use on property locatecl at the southwest corner of la Palma Avenue and Blue Gum
5treot and further doscribed a~ 1075 North Blue Gum Street; and
WHEREAS, on July 2, t989 the Cfty of Anaheim Plarning Commission approved a recreation
vehlcle sales lot tor ton (~ 0) years. SubJoct RV sales ~ot was limitecl to a maximum of 21 display vehfcles
and requ(red a minimum o(12 p~rking spaces on•site. Furthermore, no mechantcal work was perm!tted on-
site; and
WHEREAS, on May 21, 19J0 the Ciry of Anaheim Planning Commf~sion epproved plans tor
substantlal con(ormance te allnw a marine/boat dealershfp. SubJoct boat dealership was Iimited to a
maximum of 4Q boats on premises and retail sales of accessory items 1lmited to iterns required by the U.S.
C~ast Guard for safety, such as oars, life Jackets, otc.; and
WHEREAS, on Septernber 8, 1993, Planning Commission concurrod wfth e stnli-Initiated
roquest to tem~inate or modiy Conditionai Use F'ermh No. 185.5. Tt~e current boat dealership had been cited
several times tor a variety of codo vlolntions, including outdoor re;~afr on boats, boat storagR on a pubiic
streut, tomporary storage on tr~ctor•type trailers, boats storeci in desipnated parking spaces, expandad rotail
sales, and an excessive numbur of boats disp~ayed and stored on sub~er,t property. Furthermore, tho
current businoss owner h~s expar~eci cho boat dealership area to adjacont property to the north (or the
purpnse af storir.g add(t(onal boats; and
WHEREAS, tl~e petitioner requests moditication o( subjoct use permit to rotain tlie now boat
dealership with occessory retaii salas, boat repalr, ond three (3) temporary outdoor storape trailers witti
waivers ~f minimum number ai parking spacc:s, limitations of usos, requirecf front y~rd setback and reyuirod
scresning of outdoor uses; ard
WHEREA~, the City Planrnng Commission did t~old a public t~earing at the Civfc Center In
the ~ity al Anahoim on Nrnembor 15, f993, at 1:30 p.m., not(ce ot ,aid public h~aring having been duly
given as required by law ancl in accord~nco with the provislons of tho Anafioim M~n~cf~al Cale, Chapter
18.03, to hear and considor evidenco tor and against said proposec! maiHfcation to Condhumal ilso Perm(t
No. 1655 and to Irno~tigate and mak~ tindings and recommenciatlon~ fn connact(on therowith; and that
said puW(c haarina was contlnued to the January 10, January 24 and February 23, t99a Planning
Corrrnfssfon moetings; arxf
WHEREAS, said Commission, a'ter due (nspoction, InvQStigatfon and study made by itsdlf
and In Ns behalf, nrd nfter du3 consideratlon ot alt evidence and reports oHered at aaid hoaring, does find
ancf determfne the tollowing facts:
t. Thut the potNioner requests 2~proval oi a concfitlonal use penn3t under authority ot Ccxfe
Sectlon 18,03.03A.010 to ~t~Ain a naw boat doalership with acr,ossory ratail nales, buat repair And thrae
(3) iemporary outduor storago trailers, aixl whh tho tdlowing waivers:
(a) ,~g~,~t}~ tf#.o~.9, ,gZ2 • lu~imum_number Q(.narkina st~1s~.
1~.08.0~,~ (~ requ'.red; r4i1li existing)
.!.@96.4@R
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PC94-21
(q) Section_18,51.02~5~ _ it~!ions of usos.
(All activitles to be c~dur,ted In i~ a bullding;
~~oor re~alr exiscin~)
(c) $~ctlon 18.61,Q63A1;i - ir tront vard setback.
(blinimum 5•foot landsct~oed sotb~f raquired irom
Blue Gum Street; ngne to 5•ioot s9tb~k for boat displ~y oxisting)
(d) Section~l,~'~~3Q - ~' ~~ ~@P~~34~ t r ~~.
(6 ~0 18-toot high ~eli~~g@n fAncfn~ requirad to ~nclase
outduor uses; rlqr_~g, existing)
2. That, ~ursuant to Code S~ction 18.03.091, tho Codo Eniorcament Oivision of the Planning
Uopxrtment Inltiated the proposod terminatlon or modiflcatlon nf C~~nditional l.lae Permit No. 1855 wtiich
Is now boing used as a boat/marine sales facility, and that sa(d request was con~(dereci cancurrertly with
petitloner's proposal to retafn tl~o existing use;
3. That woivers (A), (b), (c) and (d) are heroby ~ienied because said waivers wero whhdrawn
by the potltioner at the public hoarfng;
4. That the proposed uso (s not Iisted (n the Anaheim Mun(cipal Ca1e as befng a permitt9d use
In the Canyon Irulustrial Area;
5. Ttiat tho prcposed use, as approved, will not Adverseiy af(ect the adjofnfng land uses and
the growth and development of the area In whir,l~ It is propo3ed to bo located;
G. That the size and shapa of the sfta for the proposed use, as approved, is a~tequate to allow
the full devolopment of the proposod use in a manner not detrlmental to the particulgr prea nor to the
peace, health, safety, and general welfare;
7. That the truHic generated by the proposed use, as approved, will not impose an undue
burden upon tlie stroots and highways desfflned and improved to carry the fraffic in the area;
8. Yhat the grantfng oi the conditional use permit under the corditlons imposecl wNl not be
detrirnent~l to the peace, haalth, satety and general weltare of the c(tizens ot the City ot Anahefm; and
~, That no one Indicated thefr pres~nce a4 said pubifc hearing in opposition; and that no
cr~rresp4nd.~nce was recefved In oppos!tion to ttie subJect pettt~on.
CALIFQRNlA~.y.l VIRONMENT}11. 4~l~411Y ACT FINDIt~G: That the Anahoim City Planning
Comm(ssion has revfewod tho propnsal to retafn a new boat dealarshfp with accessory retail saies, bont
repalr ancf three (3) temporary outdoor storage traflors, end with waivors ot mfn(mum number o( pt~rk(ng
gpar,83, i(mitations of uses, requlred tront yard sotback and required screening o( outdoor usQS ~n an
irregularlysh;~ped parcel ol land consistfng of approximatoly t.69 acros located ai tho so~rthwest corner
of ta Pplma Avonuo and Blue Gum Streot, having approximate irontagos of 400 ieet on the south side ot
La Palrna Avenuo and 3G9 feet on the west side of Blue Gum Street and further describ~d as 1071 NoRh
~lue Gum Street (Ontofla Marine): and dc~s horoby approve the Negative Decl~ratfon upon I(nding that
the decl~ratton renecls th~ tndepondont jcxlgemant of the lead agency and that it hes cor~side~ed the
Nogatfve Declarntion together wBh any commonts rocefvod durtnp the public rtrilew process and further
finding on the basts of the fnitfal study and nny comments receNed that there fs no substantial avidonce
ihat the pro~ect wiil have a slgniticant eftect on the environment.
-7• PC94•21
NOW, THEREFURE, BE IT RESOLVED that tho Anahelm City F'lanning Commisslon doec~
horeb`~ amend Resolution No. PC78-153 as amended by Resolution No. PC89-t79, fn its entiroty, theroby
granting subJect modificatfon to Conditlonal Use Parmit No. 1855, upon the foliowing conditions whlch are
hereby found to be a necessary prerequisite to tho proposed us~ of the subJect proporty (n order ta
preservo the safety and general welfare of the C?tlzens nf the City ef An~heim:
1. Thni a mininium of twolve (12) parking spac3s shall be provided on-site In accordance with City
standards.
2. That wlthin a poriod of thirty (30) clAys from the data of this re~olution, the petitfoner shall submit
landscape plans to the Zon(ng D(vision of the Planning Departm~~nt for roviow and approval showing
a minimum of ona (1), fiftaen (1 ,) gallon tree for every thirty (30) iineal feot or less of frontage along
the SR 91 /Rivorside Froeway. Said approvecl landscaping shall then be installed withfn a peria! 01
sixty (60) days irom the date o' lhis resul~:tion.
3. That the petitloner shall either:
(a) Remove the unpermitted marquoe sign irom ttia pormitted pole sign; or
(b) Obtain app~•ovaf of a sign varianco to retafn sa(d marquee sign.
4. That any mechanfcal work conducted on subJec! property shall ba Iimited to the installation ol
battertas and propellars, and mfnor set•up procedures. No uther mechanicnl work ~r assembly shall
be permitted on••sfte.
5. (aj That tho three (3) tractor-type traflers sh~ll bo r~moved from subject property; and
(b) '~hat a storage shuci may be pluced on sub~uct property bahind a Iine parallel with the SA
91 /Fiivorside Freewey and even with the front facade of the building. Such ~ storag9 shed shali
not be piaceJ In any rdqulrod setb~ck area nor shall ft exceed one hundred twenty (120) square
(eet in size.
6. That the -otail sales ~i accessory Items s~all be f(mitecl to itoms Assoclate@ with boat(ng and other
marina activitles.
7. i hat a maximum of six (6) boats may bo stored cn three (3) double racks al~ng the SR 81 R(verside
Freeway irontago. A maximum of forty (40) baats shall be permitted, und there shsill be no on•site
storage of additlonal inventory.
8. ThaC subject property shali be developed substantiall~ in accordanc~ wlth pl~ns and specitfcatlons
s~bmnteci to tho City of Anahefm by the petitfonur and wh(ch plans are on }ilo wfth the Planning
Departme~t marked Exhfbft No. 1; provided, however, that:
(a) That all activitfos sha~i bo conduc:ted insida~ the bultding unless specit(cally approve.^l othorwise;
(b) That a minimum live (5) toot landscaped sotback sha~! ba rn.a(ntainod along Blue Gum Slrent, es
requlrad by Codu; and
(c) 7hat any o~~tJnor use which is specNically permitted shall be scroened, a3 roqufrr~d by Code.
9. 7hat witliin a pericxi o( ninety (9Q) days trom tho date of thls resoiutfon, rondition Nos. 1, 3, 5, 8 and
10, corrtalned herofn, shall bo com~lial with.
10. That the boundartes of sub~ect ~roperty shail be restored to the area as originally approved by
Resolution No. PC78•153 on March 3, t978, and that thq fence surround(ng ttie unpermitted
axpansfon area shail be relocated to the actual north property Ifne of sub~ect proporty.
.3- PC9~1-21
11. Th~t subject modification to Conditional Use Permit No. 1855 is hereby appravect for a period of ono
(t) year from the dato of th(s resolutian until February 23, 19J5; provided, F~awevor, that time
oxtensions may t~e granted ir connection with duly noticod publlc hearings.
12. That apE~rovul of this application constitutes approval of the proposod request only to the oxtont that
it complies with the Anehoim Municipal Zoning Code and any other applicable City, State and FederAl
regulatlons. Apprcval does not include any actfon or findings as to cornpliance or approval nf the
request regarding any other Applicable ordin~nce, regulatlon or requlroment.
BE tT FURTFIER RESOLVED tha4 tF~e Anaheim City Planning Cammission does hereby flnd
and determine that adoption of th(s Rosalution is expressly predicated upon applicanYs complfance with
each and all of the conditions h~reinabovo set forth. Should Any such condition, or any part thereot, be
declared fnvai(d or uneniurc~able by the ffn~l ~udgment of any court of competent Jurisdfction, then this
Resolutton, and any approvals herein contained, shall be dAemed null and void.
TFl~ FUREGOING RESOLUTION w~s adopted at the Planning C~mmisslor, meeting of
February 23, 1994. ~~, ~ ~
t~~ - .
CHAIRMAN ANAHEIM CI7Y P NING COMMISSION
ATTEST:
S RETARY, AN/A CITY PLANNING COPAMISSIUN
/ ~/
STATE OF CAUFQRNIA )
CQUNTY OF ORANGE ) ss.
CITI' OF ANAFiEIM )
I, Janet L. Jonsen, SecretAry of tha Anahelm City Planning Comrrdssion, do horeby cortify
that tho toregoing resolution was pas3ed and adopted at a meeting af tho Anaholm City Planning
rommission held on Fobruary 23, 1994, hy tho following votQ oi the members: thereof:
AYES: COMMISSIQNERu: BOYDSTUN, CALDWELL, NENNINGER, MAYEI~, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONER.~,: TAIT
IN WI7NESS WHEREOF, i havo hereunto sot my hand this //X'L day of
~y~~ ~ 9 ~t.
RETARY, ANAHIM PI.ANNING COMMiSSION
1~. PC9~1-21