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PC 81-214RESOLUTION NO. PC81 -214 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2272 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from ORANGE COUNTY FLOOD CONTROL DISTRICT, 811 North Broadway, Santa Ana, California 92702, owner, and STEVEN THORTON, TERMINAL MANAGER, VIKING FREIGHT SYSTEMS, INC., 1379 North Miller Street, Anaheim, California 92806, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL NO.: 301.1 Those portions of Lots 50, 51, 68, 6.9, 70 and 71 all in Placentia Acres, in the city of Anaheim, county of Orange, state of California, per map recorded in book 7, page 14 of Miscellaneous Maps in the office of the County Recorder of said county, together with that portion of Simmons Avenue adjoining said lots, said Simmons Avenue having been vacated and abandonded by order of the Board of Supervisors on October 8, 1935, a certified copy of which was recorded October 9, 1935 in book 777, page 456 of Official Records, described as a whole as follows: Beginning at the southeast corner of said Lot 71; thence S. 73 08'31" W., 517.95 feet along the south line of said Lot 71 and its westerly prolongation and the south line of said Lot 51; thence N. 28° 25' 38" E., 653.80 feet; thence N. 73 08'31" E., 53.76 feet to the easterly line of said Placentia Acres; thence S. l6 48'23" E., 460.00 feet to the point of beginning; and PARCEL 1: That portion of Lot 2 in Block K of the Kraemer Tract, in the County of Orange, State of California, as per map recorded in book 12, pages 87 and 89, Miscellaneous Records of Los Angeles County, California, described as follows: Beginning at a point in the Westerly line of said Lot 2; said point being Southerly 990.00 feet from the Northwest corner of said Lot 2, said point being the Northwest corner of the land described as Parcel 3 in deed to John F. Anderson and other, recorded December 21, 1950 in book 2119, page 201, Official Records; thence Easterly along the Northerly line of Iastmentioned land 330.00 feet to the Northwest corner of the land described as Parcel 1 in deed to Paul J. McGhehey and wife, recorded July 14, 1959 in book 4797, page 431, Official Records; thence Southerly along the Westerly line of said last mentioned deed 126.20 feet to the Northeast corner of the land described as Parcel 2 in said last mentioned deed to McGhehey; thence Westerly along the Northerly line of said Parcel 2, a distance of 25.00 feet to the Northwest corner of said Parcel 2; thence Southerly along the Westerly line of said Parcel 2, 16.00 feet to the Southwest corner of said Parcel 2; thence Easterly along the Southerly line of said Parcel 2, a distance of 25.00 feet to the Westerly line of said Parcel 1 in said last mentioned deed to McGhehey; thence Southerly along said Westerly line of the land described as Parcel 1 to McGhehey, and its Southerly PC81 -214 prolongation to a point in the Northerly line of the land described in deed to Calvin M. Seay and wife, recorded June 17, 1960 in book 5291, page 328, Official Records; thence Westerly along the Northerly line of said last mentioned land to the Northwest corner of said land; thence Southerly along the Westerly line of said land of Seay, 160.00 feet to the Southwest corner of said land; thence Westerly along the Westerly prolongation of the Southerly line of said land of Seay to said West line of Lot 2; thence Northerly along said Westerly line of Lot 2, a distance of 543.00 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 October 19, 1981, 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 Section 18.61.050.503 to wit: to expand an existing truck freight terminal with waiver of: SECTION 18.61.068.030 - Required enclosure of outdoor uses. (Site screening required; none proposed) 2. That the proposed use and waiver ' not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That 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 of the Citizens of the City of Anaheim. 4. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 5. 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. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to expand an existing truck freight terminal with waiver of -2- PC81 -214 required enclosure of outdoor uses on an irregularly- shaped parcel of land consisting of approximately 7.09 acres located approximately 330 feet west of the centerline of Miller Street (1379 North Miller Street); and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general industrial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates ne significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. 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 this Conditional Use Permit is granted subject to the completion of Reclassification No. 61- 62 -69, now pending. 2. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 3. That the owner(s) of subject property shall pay appropriate drainage assessment fees to the City of Anaheim as determined by the City Engineer prior to approval of a grading plan. 4. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 6. That Condition Nos. 2 and 5, above mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any 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 is signed and approved by me this 19th day of October, 1981. ATTEST: t /'/!L A . SECRETARY PRO TEMPORE ANAHEIM CITY PLANNING COMMISSION r "' MAN PRO TEMPORE AHEIM CITY PLANNING COMM ION PC81 -214 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pamela H. Starnes, Secretary Pro Tempore 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 October 19, 1981, at 1:30 P.m., by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, FRY, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BARNES, BUSHORE, HERBST IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of October, 1981. SECRETARY PRO TEMPORE ANAHEIM CITY PLANNING COMMISSION -4- PC81 -214