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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) 2 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. 3 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 4 (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 5 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