95-144 RESOLUTION NO.95R-144
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3768.
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 industrially-related sales in conjunction with a proposed
144,000 sq.ft. electronics sales facility upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
LOTS 6 AND 7 OF ORANGE GROVE ACRES, AS SHOWN ON
A MAP RECORDED IN BOOK 6 PAGE 42 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE
SOUTHERLY 12.00 FEET.
ALSO EXCEPT FROM SAID LOT 7 THE WESTERLY HALF,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID
LOT; THENCE NORTHERLY 1242.59 FEET ALONG THE
WESTERLY LINE OF SAID LOT TO THE NORTHWESTERLY
CORNER THEREOF; THENCE EASTERLY 152.66 FEET
ALONG THE NORTHERLY LINE OF SAID LOT; THENCE
SOUTHERLY 1242.59 FEET PARALLEL WITH SAID
WESTERLY LINE TO THE SOUTHERLY LINE OF SAID
LOT, THENCE WESTERLY 152.66 FEET ALONG SAID
SOUTHERLY LINE TO THE POINT OF BEGINNING; and
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 in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC95-70 granting Conditional
Use Permit No. 3768; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; 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 the recommendations of the City Planning
Commission and 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.
2. 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.
3. The size and shape of the site proposed for the 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.
4. 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.
5. 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.
WHEREAS, the application for conditional use permit
requests a waiver or variance from the following provisions of the
Anaheim Municipal Code:
Sections 18.04.060.050 Minimum landscape requirements.
18.61.063.010.012 ([a] 10-foot landscaped setback
required along freeway,
18.61.063.040 none proposed;
and 18.61.066.030 [b] 108 trees required in rear and
east parking areas based on
1 tree/3,000 sq.ft., 94 trees
proposed;
[c] 48 sq.ft. planter required per
tree, fourteen 16 s~.ft. planters
proposed
[d] Landscaped planters required to
separate every 10 or fewer conti~uous
Darkinq sDaces, 16 to 34 conti~uous
Darkin~ sDaces proposed)
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AND WHEREAS, said requested waivers are hereby granted,
in part, permitting and approving no landscaped setback adjacent to
the freeway (waiver [a]), smaller than 48 sq. ft. planters for
trees (waiver [c]), more than 10 contiguous parking spaces which
are not separated by a landscaped planter (waiver [d]); but
requiring that there shall be at least one tree for every 3,000 sq.
ft. of parking area and that the total square footage of
landscaping in the rear and east parking lots shall be equal to the
amount required for the 10-foot setback along the freeway plus the
equivalent 48 sq. ft. of landscaping for every tree required by
Code; 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), 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, in part as hereinabove set forth, for the following
reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission approving said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 3768 be, and the same is hereby, granted
permitting industrially-related sales in conjunction with a
proposed 144,000 sq.ft. electronics sales facility on the
hereinabove described real property with a waiver of certain
provisions of the Anaheim Municipal Code as hereinabove set forth,
subject to the following conditions:
1. That site, floor and elevation plans shall be submitted to the
Planning Department for review and approval showing the exact
location and screening of the proposed loading dock area at
the east elevation.
2. That all existing and proposed roof-mounted equipment shall be
screened from public view so that no equipment is visible
above the screening device(s) when viewed along a line-of-
sight from a point measured six (6) feet above the property
lines.
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3. That the developer shall submit a water quality management
plan (WQMP) specifically identifying the best management
practices that will be used on site to control predictable
pollutants from stormwater runoff. The WQMP shall be
submitted to the Public Works/Engineering Department,
Development Services Division, for review and approval.
4. That prior to construction of the freeway oriented pole sign
or extension/expansion of the parking lot into the sixty (60)
foot wide road and public utility easement along the SR-
91/Riverside Freeway, the petitioner shall apply for and
receive City Council approval of an encroachment license.
5. That a Lot Line Adjustment plat to merge the two (2) existing
lots shall be submitted to the Public Works/Engineering
Department, Subdivision Section, for review and approval by
the City Engineer, and it shall thereafter be recorded in the
Office of the Orange County Recorder. Alternatively, a
letter of agreement, or similar document acceptable to the
~ City, shall be filed with the City agreeing to hold the two
(2) lots as one (1).
6. 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
and Exhibit Nos. 2, 3, 4 and 5, except as otherwise required
by Condition No. 7, below.
7. That prior to the issuance of a building permit or prior to
commencement of the proposed conditional use, whichever
occurs first, the petitioner shall:
A. Submit the following plans to the Zoning Division for
review and approval. The property shall thereafter be
developed and maintained in accordance with said plans.
(1)Landscape plans showing a minimum of one (1) tree
per three thousand (3,000) sq.ft. of rear (south)
and side (east) parking lots shall be provided, as~ti~~
required by the Zoning Code, 4~~~-~-in~L~3~-~
~l~%4~e~--i4~-~&~~pa~n~3~-l~-~n~ thereby 8/25/95
providing the number of trees required by Code for
parking lots.
(2) Landscape plans showing the total square footage of
landscaping provided in the rear and side parking
lots shall be the combined total of:
(i) Forty eight (48) sq.ft. for each tree required
under 7.A(1); plus
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(ii) Four thousand five hundred eighty (4,580)
(which is the amount which would be provided in
a 10-foot wide landscaped setback along the SR
91/Riverside Freeway).
The total square footage of landscaping provided in
the rear and east parking lots will be the amount
required by Code (in said parking areas) although
the landscaping will not be distributed in the
manner required by Code.
(3) Landscape plans showing the four (4) planters
nearest the freeway shall contain shrubs in addition
to ground cover.
(4) Irrigation plans for all the landscaped areas and
planters.
B. Submit the following plans to the Redevelopment/Community
~' Development Department for review and approval. A copy
of the approved plans shall then be filed with the Zoning
Division.
(1) Precise plans for the freestanding sign near the
freeway, including its exact location on the
property.
8. That prior to commencement of the activity authorized by this
resolution, or 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. 1, 3, 5,
7.A, 7.B and 11, 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. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090
~' of the Anaheim Municipal Code.
9. That prior to final building and zoning inspections, Condition
Nos. 2 and 6, above-mentioned, shall be complied with.
10. 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.
11. That a sixty (60) foot wide road and public utilities easement
(as shown on the approved site plan) shall be provided along
the south property line, as required by the Community
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Development Director.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution ~s 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 adopted by the
City Council of the City of Anaheim this 1st day of August, 1995.
MAYOR OF THE EIM
CITY CLERK OF THE CITY OF
13258.1\JWHITE\August 9, 1~5 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 95R-144 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 1st day of August, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-144 on
the 1st day of August, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 1st day of August, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 95R-144 was duly passed and adopted by the City Council of the City of Anaheim on
August 1st, 1995.
CITY CLERK OF THE CITY OF ANAHEIM