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Resolution-PC 96-34~ ~ RESOLUTION NO. PC~'i4 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITIGN FOR CONDITIONAL USE PERMI7 N0. 3838 BE GRANTED 'JIMEREAS, the Anaheim Ciry Planning Commission d(d ~ecefve a veriF(~d Petkion for Condit(onal Use Permit for cercain real propertY sftuated in the Ciry of Ar-aheim, Courrty of Orange, State of Califomia, described 2s: PARCEL 3 OF PARCEL MAP NO. 33-207, AS SHOWN ON A MAP FlLED IN BOOK 284, PAGES 44 AND 45 OF PARCEL MAPS, IN THE OFFlCE OF THE COUNTY RECORDER QF ORANGE COUNTY, CALJFORNIA. WHEREAS, the Cfry Planning Commisslon did hdd a publk hearing at the Civic Center in the City of Anaheim on Apri~ 1, 1996 at 1:30 p.m., notice of safd publ~ hearing having been duly givon as re~uired by Iaw and in accordance wfth the provisions of the Anaheim Munlclpai Code, Chapter 18.03, to hear and consider evtdence for arxl against said proposed condttiunal use Pertnh arxl to irnestigate and make ftndings and recommerxlattons in connection therewith; and WHEREAS, said Commfsston, after due inspection, frnesttgaUon and study made by itseif and in fts behalf, and after due consideration of all evfdence and reports offered at said hearing, does flrxJ and determine the fdlowing facts: 1. That the proposed use is properly one for wh(ch a condftbnal use permit ~s authorized by Anahe(m Municipal Code Sections 18.110.070.050.0504 and 18.110.070.050.0544 to construct a 22,861 sq.ft. building (induding a 1,568 sq.ft. meuanine) for rtwrine vehide/traiter sales and serv~e~ warehouse storage, sales of accessorias a~d parts, and outdoor display wfth waNer of the fdtowing: Sectlon 18110.070.090.0~42II - Minimurn stnlctural setback and yard reauirements. (Requfred: 50-foot buflding setback adjacerd to prlmary arteriai highways wfth minimum 3-foot high shrub screen (n froM 10 feet; Proposed: 30-foot buliding setback along K-aamer Boulevard wfth a 3-foot high shrub screen at 1 f 2. Tlrat there are speciai circumstances applicable to the propert/, consisting o# fts s(ze and shape, which do not appiy to other kientically zoned properties in the vic(nity because the propeKy depth is about 200 feet less than that of other parcels in the immediate vicinity; and that the petftbner proposes to retain an existing approximately 4foot hlgh hedge located approxlmately 15 feet fror-~ the property Ilne along Kraemor Boulevard; 3. That strict applicaUon of the Zoning Code dep~ives the properry of priviieges onjoyed by other properties under ldeMical zoning dassffication in the viciniry; 4. That the proposed uses are properly ones fw which a corxlitional use permft is authorized by the Zoning Code for Developmer~t Area 2'Expanded ~~d~st~lal Area~ °f the Northeast Area Specffic Plan (Specif(c Plan No. 941); 5. TF~t the proposed use wpl not adversely affect the adJolning land uses and the pra~rth and development of the area in wh(ch it is proposed to be located; CR2624DM.WP '~' P~'~ ~ ~ 6. That the size and shape of the sita for the proposed use Is adequate to allow the fu~~ developmeM of the propased uses in a manner not deMmental to the part(cular area nor to the p~ce~ health, safety, arxi general welfare; 7. That the traffic generated by the proposed ~ses ~~~"~ not impose an undue burden upon the streets and htghways designed and improved to carry the traf8c tn the area; 8. That the granting of the condft(onal use Perm~, under the condftions imposed, wpl not ba detrimental to the peace, health, safety and generat welfare of the citizens of ths City of Anahetm; 9. That the proposed landscaping and opaque fencing wtll be aesthetk~lly beneflcial and, under the condftior~s (mposed, the proposed ma~ine vehlde iacqity will not be deMmental to the immt+dtate neighborhood; 10. That no one indicated their presence at said public hea+fig in opposftion; and that no correspondence was received in opposRlon to the sub~ect petiUon. GAL~ORNIA ENVIRONMENTAL QUAUT! ACT FINDING: That the Anaheim City Planning Commission has reviewed the ProPosal to PermK a 22~861 sq.ft. buikiing ((nduding a 1,568 sq.ft. meuaNne) for retaq sales/sesvtce, warehouse storage of marine vehides, traqers, parts and accessories~ and outdoor display with waNer of minimum stnictural sbtback and yarcl req~irements on a rectangulady- shaped parc~ of land consisting of approximately 1.5 acres located at the norcheast comer of Coronado Street and Kraemer Boulevard, having frontages of apRrax~mately 538 feet on the east side of Kraemer Bouievard and 190 feet on the north side of Coronado Street; and does hereby approve the NegaWe Deciaration upon ftnding that the dedaration reflects the independent Judgement of the lead agency and that it has consfdered the Negative Dedaratton together with any cammerrts recefved du~ing the publ~ review process and further flnding on the basis of the inftt2l study arxi any comments received that there !s no substantial ev(dence tha! the project will have a slgnificaM effect on the emdronmerrt. NOW, THEREFORE, BE IT RESOWED that the Anahelm Cfry Plar.ning Commisslon does hereby grartt subJect Petftion for Condftlonal Use Permft No. 3836, upon the fdlowing condftions which are hereby found to be a necessary prerequisite to the proposed use d the sublect ProP~Y in ordor to preserve tl~e safety and Qenerai walfare of the Cftizens of the City of Anaheim: 1. That subJect entidemeM applies oniy to Building "B' (24,074 sq.ft. Induding the meuanine) as identifled on Exhibit No. 1 of the submitted plans; and that future expansion oF the ma~(ne vehide faciltry into Building "A' (except for permftted primary use~a and structures in DevelopmeM Area 2 ot the SP94-1 Zone or the zone designation in effoct at the tfine of the expa~sion) shall require roview a~d approva! by the Planning Commission at an adverttsed public hea~ing. 2. That outdax watercraft dfspia; shall be Iimft ~~ng~ f~'~ ~r(s~.reecied orage ot marine main eMrance and a maxtmum of elghi (8) pa g vehides along the north buUding ~levation as shown on ExhiSit No. 1. dtrtdoor display or ~tora9e af rnarine vehicles shall not be permftted In the drop-0if lanes on the south slde of BuAding 'B.' 3. That the vehide drop-off lanes on the south side o# BuNding '~' shail be s.reened from Y•csaemer Boulevard by the existing mature hedge or by n~w Iarxiscaping induding a minimum three (3) foot high hedge in the eversi that the existing hedga is damagod, d~seased or dead. 4. That the sale of accessory items shal~ be limfted to (ncideMal accessorles fo~ Pe~sonal watercraft vehidas or, as required by the Coast Guard for safery, Iffe jackets or slmHar Rems designed for rider protection. .2_ PC96~4 ~ ~ 5. That noise levels attributed to the operation of the buslness, Induding servtctng of the marine vehides, shall nort exceed the levels specffied in Chapter 6.70 'Sound Pressure Levels.' 6. That sidewalk and driveway approach imQrovemerrts shall be constructed tn accordance wnh ChY Standards. 7. (a) That the requfred sidevralk shail be designed arxl constructed to incorporate and protect the existing mature trees within the right-o#-way adJacent 4o Kraemer Boulevard; and (b) That one (1) tree may be removed (ff necessary) to wnstruct drtveway access from Kraemer Boulevard. 8. That grading shail cor~form to the requiremems of Chapter 17.04 `Grading, ExcavaUons, FNis, Watercourses' of the Anaheim Municipal Code. A grading ~lan prepared by a regtstered Civll Engineer is required fw cut or flll exceeding Me hundred (5U0) cubfc yards. (Ailow e(gM (8] weeks to obtain a grading penn~.) 9. That the legal property owner shall irrevocably offer ta dedicate to the Cfcy of Rnaheim a comer cut-off for the access ramp (n accordance with Ctry Standard No. 124 (Anahe(m Municipal Code Section 18.040.080.010). 10. That prior to commencement of structural ftamfng, fire hydrants shall be in,talled and charged as required and approved by the Flre Departmerrt. 11. That an all-weather access road, as approved by the Fire Department, shall be provided during construction. 12. That a flre alarm system shall be designed, installed and maintained as requlred by the Flre Department. 13. That an automatic flre sprinlder system shall be destgned, instalied arxl maiMained as required by the Fire Department. 14. That ~ire hydrants shall meat minfmum F~re Department SpecfFk:ations and Requlremerrts for spacing, d~stance to structure and avaUaWe ftre ftow. 15. That emergency vehicular access, Induding 'Knox box' devices, shail be provkled and ma~r~tafne~i as required and approved by the Flre DepartmeM. 16. 7hat gates shall not be tnstaltod across ar ; leway or private street in a manner which may adversely affect vehtcular tra1YK~' !:~ iho ,;~';~~im: ;`-ubl~c rLroot. lnstailatlon +~f any gates s9~all coMorm to Englneering Starxla,~ .,, ~~..:z .;VO. 609 361d 8i18,~, i,'4 3Ubj9Ct t0 2h6 reV18W 8ild 8~f~DM1l81 Of the City Traf~ic; and Transportatl~,n Mara~ger ~1~IcK to issuance of a~Uc1~n9 Petm~. ~;; 1T. That plans shall be submftted to the f;lry Trefflc~a~~d Trcinsportatlon Msrtager for hls revlew and aPproval showin9 confomtiance w11h tFre latest -evlslons of Englnee~ing ~tandarci Plan Nos. 436 arxi 602 p~rtxlnl~~g to parlclny standards and drNeway locatlon. Subject property shall thereupon be developed and malmalned In conformance with sald plans. 18. That any tree planted on-sfte shall be replaced In a tlmely manner In the event that ft Is removed, damaged, dlseased and/a' dead. ~- PC~634 ~ ~ 19. That an on-sfte trash truck tumaround area shall be provkled and maintained to the saUsfaction of the Department of Maintenance. Said tum-around area shall be speciflcally shown on plans submitted for building pem-its• 2~. That the developer shall submft a water qualiry mana9emeM plan (WOMP) speciflcal~y lderdiFyin9 the best mana9em8M Pract~c~s that will be used on-site to contrd predictable pollutants ftom stormwater runofF. The WQMP shall be submitted `~o~e Public Works Engineering Departmerrt, Development Services Division, for review and app 21. That the owner of subJect property shall be responsible for the removal of any on-site graffitl withtn twenty four (24) haurs of its appl~cation. 22. That minimum one (1) gallon vines shall be planted on maximum three (3) foot centers adjacent to the trash enclosure walls. 23. That prior to issuance of a building pertnit or within a period of one (1) year fram the date of this resolution, whichever occurs flrst, Condftion Nos. 9, 17, 79 and 20, above-me~ °a~,~s~~ be com~lied with. Extensions for further time to complete safd conditlons may 9 accordance wfth Section 18.03•090 of the Anaheim Municipal Code. 24. 7hat subJect propertY shall be developed substantially in accordance wfth plans and speciflcatfons subm~tted to the City oi Anaheim by the petftioner and which plans are on file with the Planning Departmerr marked Exhibit Nos. 1 through 5. 25. That prior to flnal building and zoning inspectfons, Condftion Nos. 3, 6, 7, 12, 13, 14, 15, 22 and 24, above-mentioned, shaJl be compiled with. 26. That approval of this applicatlon constitutes approval c~f the proposed request onty to the exto~t that tt complies with the Anaheim Muniaipal Zontng Code and any other app~icable Ciry, State and Federal regulatfons. Appro~ral does not include any actfon or flnd(n~s as to complianca or approval of the request regarding any other applicabie ordinance, regulatlon or requirement BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby flnd and determine that adoption of this Resolution is exprossly predicated upon apptlcanYs compliance wfth each and all of the condftions hereinabove set forth. Should any such condftion, or any part thereof, be declared InvaUd or unenforceable by the iinal judgmenY of ~ny couR of competerrt Jurisd(ction, then this Rasolution, and any approvals herein cornained, shall be deemed null arxJ void. THE FOREGOING RESOL<.ITION was adopted at the Planning Commission meeting of April 1, 1996. /~~ ~j . ~ ~G CHAIRMAN, PRO TEMPOR ANAHEIM CITY PI~WNING COMMISSION ATTEST: J l ~ A 1 ~~}'~/Y1Lf SECR~TAR , ANAHEIM CITY PLANNING CONlMISSION ~- PC9F-34 ~' ~ STATE OF CAUP4RNIA ) COUNTY OF ORANGE ) ss. CITY ~F ANAHEINI ) I, Margarita Sdorio, Secretary of the Hriahelm City Plannln9 Commission, do hereby certffy that the foregaing resdution was Passed and adopted at a meeting af the Anahelm Ctty Planning Commission hald on Apr~ 1, 1996, by the fdlowing vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA NOES: ~OMMIS~IONERS: NONE ABSENT: COMMISSIONERS: MAYER IN WITNESS WHEREOF, I have hereunto set my hand this ~'7 day of ~~ 1996. SECR ARY, I' •UWEIM CITY PWJNING COMMISSION -5- PC96-34