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Resolution-PC 94-53RE TION N0. PC94-53 A RESALUTION OF THE ANAHEIM CITY PLANNING COMMISSIUN THAT PEfITION FOR CONDITIONAL U5E PERMIT N0. 3671 BE GRANTED WHF.REAS, the Anahefm City Planning Commisslon did receive a verified Petitlon for ~onditional Use F'ormit for certain real property sftuated In the City of Anahefm, County nf Orange, 5tate of Californla, describod ss; PARCEL 1: THAT PORTION OF TH~ SOUTHEAST QUAR7ER QF THE SOUT~IWEST QUARTEH OF SECTION 23, TAWNSHIP ~l SOUTH, RANGE 10 WEST, IN THE RANCFiO SAN JUAN CAJOM DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BUOK 51, PAGE 10, NiISCELIANEQUS MAPS, RECORDS OF SAID ORANGE CAUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN TFIE CENTER LINE QF KATELLA AVENU~, 60.00 FEET WIDE (BEING 7HE SOUTN LINE OF SAID SECTION 23), NORTH 89 DEG. 57' 45" EAS7 6E0.95 FEE7 FROM THE INTERSECTION TH[REOF, WITFI TNE CENTER LIN~ OF THAT CERTAIN fi0-FOOT STRIP OF LAhD DESCRIBED IN D~ED TO TME STATE OF CALIFdRNIA, RECORDED JULY 1U, 1914, IN BOOK 258, PAGE 66, DEEDS; THENCE AT RIGHT ANGLES TO SAID CENTER LiNE AF KATELLA AVENUE, NORTH 0 DEG. 02' 15" WEST 30.00 FEE'T TO A POINT IN THE NJRTHERLY LINE OF SAID KA7ELLA AVENUE, BEING THE POINT OF TANGENCY OF SAID NORTHERLY LINE WITH A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 35Q.00 FE~T; THENCE WESTERLY 227.13 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37 DEG. 10' 56"; THENCE NORTH 52 DEG. 51' 19" WEuT A4,37 FEET TO THE EAST LIPJE OF THE WEST 10 ACRES OF THE SOUTHEAST qUAR7ER OF THE SOUTNWEST ~UARTER OF SAID SECTION 23; THENCE NORTH 0 DEC, 16' 50" WEST 470.00 FEEf ALONG SAID EAST LINE Tt~ THE TRUE POINT dF BEGINNING; TH~NCE CONTINUING AI.ONG SAID EAST LINE NORTH 0 DEG, 1R' S0" WE87 722.90 FE~1' Tp THE NURTH LINE OF THE SOUTFI~AST QUAFi7ER OF THE SOU7HINEST QUARTER OF SAID SECTION 23; TH~NCE NORTH 89 DEG. 54' 55" EAST 205.96 FEET ALOfVG THF NORTH LINE TO THE WESTERLY LINE ~F THAT CERTAIN 60•FOUT STRIP OF LAND DESCRIBED IN DEED TO SOUTHERN PACIFIC RRILFlOAD COMPANY RECORDED MARCH 31, t899, IN BOOK 40, PAGE 268, DEEDS; THENCE ~OUTH 15 QEG. 28' 55" EAST 748.52 FEET Al ONG SAID WESTERLY LINE TO A POINT 622.14 FEET IN A DIHECT LINE FROM THE INTERSEVTIOPJ OF SAID WESTERLY LINE WITH THE CENTER LINE t7F THE 5AID KATEL(A AVENUE (BEING THE SOUTH LINE OF SAID SECTION 23); TFIENCE SOUTH 89 C1EG. 43' 10" V'lEST 132.27 FEET TO a 1• INCH IRON PIPE; ThIENCE CONTINUING SOUTH 89 DEG. 43' 16' WEST 27Q.00 FEET TO THE TRUE POINT OF BEGINNING. PAr~CE~ 2: 7HAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST ~UARTER OF SFCTION 23, TOWf~SHIP 4 SnUTH, RANGE 10 WEST, !N THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN UN A MAP REC.ORDED IN BOOK 51, PAGE 10 MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAl.IFORNIA, DESCRIBED AS FOLLOWS: CR2082MS.WP -1- PC94•53 BEGINNING A7 A POINT IN 7HE CEN7EFl LINE OF KATELLA AVENUE, 60 FEEI' WIDE (BEING 7HE SOUTH LINE OF SAID SECTION 23) NORTH 89 DEG. 57' 45" EAST 704.62 FEET FROM THE IN7f:RSECTION THEREOF WI7H THE CENTER IINE OF THAT CERTAIN GO-FOOT fiTRIP OF Lf~~D qESCR18ED IN DEED TO THE STATk OF CALIFORNIA R~CORDED JULY 10, 1~J14, IN BOOK 258, PAGE 66, D~EDS; THENCE NORTH 0 DEG. 16' S0" WEST 325.00 FEET TO THE TRUE POINT OF SEGINNING; THENCE CONTINUiNG NORTH 0 DEG. 16' 50" WEST 274.11 FEEI' TC A 1-INCM IHON PIPE; THENCE NORTH 89 DEG. 43' 10" EAST 132.27 FEE7 TO ,4 POINT ON THE WESTEHLY LINE OF THAT CER7AIN 6Q•FOOT OF THAT CERTAIN 60-FOOT STRIP OF 1.AND DESCRIBED IN DEED 70 SOU7HERN PACIFIC RAILROAD C0. RECORDEp MARCH 31, 1499, IN BOOK 40, PAGE ~68, DEEDS, 622.14 FEET IN A DIREC'T LINE FROM THE INTERSECTION QF SAIG WESTERLY LINE WITH THE SAIO CENTER LINE OF KATELUT AVENUE; THENCE SUUTH 15 DEG. 28' 55" EAST 284.05 FE~"T ALONG SAID WES7ERLY LINE TO A PQINT 338.09 FEE7 IN DIRECT LINE FROM SAID INl'ERSECTION; THENCE SOUTH 89 DF.G. 43' 10" WES7 206.76 FEET TO THE TRUE POINT OF BEGINNING, WI-IEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Analieim on May z, 1994 at 1:30 p.m., natfce of safd publlc hearing having been duly given as required by law and In accordanco with tho provisions of the Anaholm Mun{cipal Cocfe, Chapter 18.03, to hear and consider evidence far and ac~ainst safd proposed conditlonal use permit and to Inuestigate and make tindings and recommendatlons in connection therewith; und WHEREAS, said Commisslon, aftor due inspection, investigation and study made by ftself and in its behalf, and aRer due cun:cideration of ull evidence and reports offered at said hearing, does find and dotermine tho toliowing facts: 1. That the proposed use is properly one for which a conditlonal usa permit is authorized by Anahoim ~Aunicipal Code Sect(on 18.03.03U.010 to permit iive (5) mcxlular units (for offiCe and storage use) In conJunction wfth a proposed dairy product dfstributi~n fscllity. 2. That the proposed conditt~nal use Is not Iisted in the Zoning Codo as being a permitted use fn the ML "Industrial, Limited" Zone; ~. That the pruposed use wfll not advorsely affect tFie adJoining land uses and the growth and development of the are~ in which it is propos;xi to be located be~~use the maiular unfts wfll bo visually sc;reenRd from adJacent streets and surround(ng bt,sinesses; 4. That the s(ze and shape of tho site tor the proposed use fs adequate to allow the fuA development of the proposed use In a manner not detr(mental to the particular area nnr to the pesce, health, safety and fleneral welfare; 5. That the traffic generated by the pro;?osed us4 will not impose an undue burden upan tho streets and highways desic~ned and Improved to carry the traHfc in the area; f. That the grant(ng of the conditional use permft under the conditlons fr ~posod wil! not be detrimental to tho peace, health, safety and general welfaro of the citizens of the Cfty of Anaholm; 7. That the propcsed modular -mits may be temporary based on whether vehicular access can be malntafned to the satisfaction of the City Traffic and Tran3pottatfon Manager; and 8. That no one indicated their presence at safd publir, hearing in opposition; and that no correspondenc~ ~vas recelvecl fn opposltion to the subJect petition. _2. PC9d-53 ~ALIFORNIA ENVIRQNMENTAL ~UAI.ITY AC7 FINDING; That tl~e Anahelm City F Commisslon has rev(ewed the propnsai to ~ermit f~ve (5) modular units (for oftice and starago conJunction with ~ proposed dairy product distributlon facility an an irregulariy-shaped parcel consisting of approxirnately 6 ecres, having a fruntage of approximately 720 feet on the oast Ciaudina Way, having a maxlmurri deptli of approxlmately 390 foet, being located approximately ! north of the centerflne of Katolla Avenue and further described as 511 East Katella Avenue; ar horeby approve tho Negative Declaration upon finding that the declaration retleGts the lncie~ Judgement of the lead agency and th~t it has consfdored the Negatlve Declaration together v cnmments receivod durinc~ the pubHc roview process and further finding on the ba~is of the initi. and any comments recefved th~t thera is no substantial evidence that the proJect wiil have a sl4 efft~ct ~n the environmant. NOW, THEREFORE, BE 11' RESOLVED that the Anaheim City PlAnning Commissb horeby grant subject Petition for Condltionai Use Permit, upon the following conditions which arc found to be a necessary prerea~~isfto to tho proposed uso af the subjoct property in order to pres safecy and fleneral welfare of the Cftfzons of 2he City of Anaheim: 1, That a plan shoet for solid waste ctoraye and collectlon, and a plan for recycling shall be s~ to the Department of Mafntenancs for revlew and apprc~val. . 2. That the approprlate traffic sigi~al assessment fea sht~ll be paid to the Cfty of Anahalrt~ in an as establlshed by City Council Resolut(on. 3. That plans shall be submitted to the City Traff(c And Transportatlon Manager for hfs rev approval sFiowing conformance with the latest revisions oi Englneering Standard Plan Nos, a;~o ana 60?_ pertaining to park(ng standards and driveway locati~ns. Subject property shall theroupon 6e developed and malntained in conformance with safd plans. h. TI~2t the develape- shall pay a TraNlc and Transportation Improvement fee to the City of Anahe(m, TraHic ~ngineoring Divislon, in the amc,unt established by the CitV Council rosulution. This tee will be used to fund traific and transportatfon improvements witliin the area fmpacted by this pro~ect. Said fee shall be sub~ect !o adjustment by tha City Council, 5. Thai all lockable pedestrian and/or vohicular access gates shall be aqulpped with "knox box" devices as requirecl and approved by the Firo Aepartment. 6. That the owner of subject property shall submit a letter requestinc~ termfnati~n of Conditfonal Use Perrrift Nos. 1832 (permitt(n~ a lumber yard with waivers of req~ired lot frontage, minimum number of truck parkfnQ spaces a~d minimum sitR screening) and 3143 (permitting a truck terminal). 7. That Atl broken or damaged wooden slats in the chain Iink fe~-cinq shall be replaced and permanently maintainod. ~l. That no truck repalr or mainttnance shell be permftted on•sfte. 9. Tha4 subf act property shall be developed substantially in acc~rdance with plans and specifications submitted to the City oF Anaheim by the petitioner and which plans are on file with tho Planning Departmont marked Exfiibit Nos. t and 2. t0. That the conditional use (5 modular units) in conJurct(on with a propesed distribution facility for dairy products) shall not bo commence until suitable future ~ nd Intorim accesJ h9s been assured to the satisfact(on of the City TraFtic an~ 1'ransportation Manager. Tlie use shall continue only so Iong as it has suitable permanent access beyond Novomber 1994. -3. FC94-53 11. That prlor to commencement ol the ectivity authorized by thls resolutlon or prior to Issuanae Af a build(ng permit, or within a perlod o~ one (1) year from the date of this rssolution, whlchever occurs first, Condition Nos. 1, 2, 3, a, G and 10, abovo-mentlonod, shall be complled with. Extenslons for further time to oomplete said conditions may be ~ranted in accordance with Sectlon 18.03,090 of the Anaheim Municipal Codo. 12. That prlor to final building and zoning inspoctlons, Conditlon No. 5, 7 and 9, ab~ve-mentionod, shall be complled with. 'i3. That approval of this applfcation constitutes approval nf the proposed requost only to tho extent that it complies wfth the Anaheim Munlcipal Zoning Code and any other applicablo Cfty, State and Federal regulatlons. Approval does nol Include any ~ctfon or findings as to complianco or approval of the request reqarding any other appllcable ordinance, regulation or requirement. BE IT F~RTHER RESOLVED that 8he An~lieim City Plannfng Commiss(on does haroby flnd 4nd determine that adoptlon of this Rosolution is expressly predicated upon applicani's compllAnce wfth each and all of ths conditions hereinaboue set forth. Should any such conditlon, or any part thereof, he declared tnvnl(d or unenf~rceabie by Ihe final judgment of any court oF competont Jurisdiction, then this Resolutfon, and any approvals heroin contained, ghall be deemed null and void. THE FOREGOING RESOLU7I~N wHS adopted at tne Plannfng GommissiQn rneoting of May 2, 199Q. C/~~~=r CHAIRMAN ANAHEIM CI7Y NNING COMMIS510N AITEST: ~ ' ~ ~~f~ SECRETARY, AN EIM CITY PL.ANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CI'fY OF ANAHEIM 1 I, Margarita Solorio, S~cretary of the Anaheim City F~Ianning Commfssion, do hereby certffy that the foregoing resolutiun was passed and adoptad at a meeting af the Anahelm C:ity Planniny Commfssfon hold on May 2, 199~, by the following voto of the mornbers thereof: AYES: COMMISSIQNERS: BOYDSTUN, CALDWELL, HENNINGER, P,~ESSE, PERAZA, TAI7 NOES: COMMISSION~RS: NO61E ABSENT: COMMISSIQNERS: MAYER IN WI7NESS WHEREOF, I havo hereunto set my hand thfs ~/~ day of _L~~(~,;. / _~ 1994. ~~ -- ~~1 Q,2G~C?~u,~(., ~ Lv rc~.~3 SECRETARY,(A~IAHEIM CITY PL4NNING COMMISSIQN -~1- PC84-53