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Resolution-PC 96-35~ ~ RESOLUTION NO. PC9635 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDCTIONAL USE PERMIT N0. 3631 BE GRANTED WHEREAS, the Anaheim Ciry Planning Commissbn did receNe a verifled Petit{cm for Condftiona! Use Permft for certaln real P~oP~Y ~~ted in the Gry of Meheim, Courrty of Orange, State of Calffomfa, desc~ibed as: PARCEL 1: TFlE EAST 110.Q0 FEET OF THE WEST 200.00 FEE't OF THAT PORTION OF THE SOUTHEAST Q~IARTER OF THE SOUTHWEST ~UARTER OF SECTION 9, TOWN:,HIP 4 SOUTH, RANGE 10 WEST~ IN THE RANCND SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUMY OF OHANGE, STATE OF CAUFORNIA, AS PEA MAP RE:ARDED IN BOOK 51 PAGE 10 OF MISCELlANEOUS MAPS, IN Ti-IE OFFICE OF THE COUNTY RECORDER OF SAID COUMTY, DESCRIBED AS FOLL~JWS: BEGINNINCa AT A POINT IN THE WEST IJNE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST GIUARTER OF SAID SECTION 9, DISTANT THEREON 220 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHFJ~ST QUARTER ~DF THE SOUTfiWEST DUARTER; THENCE EAST PARALLEL TO THE SOUTH IJNE OF SAID SECTiON 9, 606.95 FEET; THENCE NORTH PARALI.EL TO THE WEBT IJNE OF THE SOUTHEAS7 QUARTER OF THE SOUTHWEST DUARTER HIGHWAYO AS~ CONVEYEO TCTMTHE STATE OF OCAIJFORNIA, BY DEED RECOR~ED JANUARY 17, 1935 IN BOOK T24 PAGE 350, OFFICIAL HECORDS; TWENCE NORTHWESTERLY ALONG THE CENTER UNE OF SAID STATE HIGHWAY TO ITS INTERSECTION WITH THE WEST UNE OF THE SOUTHEAST SOUTH ALONG SAID WES~ UNE 198.11~FEETOTO THE OINT OF BEG NN NGE PARCEL 2: THAT PORTION OF THE SOUTHWESl' OJARTER OF THE SOUTHEAST ~UARTER OF THE SOUTHWEST ~UARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN YHE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF M~FELLANEO S MAPS, I~ E OFFlC OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST UNE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST ~UARTER OF SAID SECTION, 220.00 FEET NORTH 0 DEG. 43' 06' WEST FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST ~UARTER OF THE SOUTHWEST DUARTER OF SAID SECTION; THENCE SOUTH 0 DEG. 43' 06' EAST 40•86 FEET ALONG SAlD WEST UNE TO A POINT LOCATED 8.50 FEET NORTHEASTERLY ON THE CENTER UNE OF A SWITCH TRACi: OF RAILROAD, SAID DISTANCE MEASUREJ AT RIGHT AINGLES TO SAID 'TRqCT; THENCE ALONG A UIVE PARALLEL TO AND 8.50 FEET NORTHERLY OF SAID CENTER LINE OF 3AID RAllAOA~ TRACK THROUGH THE FOLLOWING COURSES ANd DISTANCES WHICH FOLLOW APPROXIMATELY BUT NOT pWCTLY THE CURVE OF SAID TRACK SOUTH 84 DEG. 21' 01' EAST 25•15 CR2629DM.WP -1- PC96~5 ~ ~ FEET; SOUTH 87 DEG. 37' 38' EAST ~5.04 FEET; NORTH 89 DEG. 44' 29" EAST 25.00 FEET; NORTH gf3 DEG. 49' S1' F~1ST 25.02 FEET; iVORTH 82 DEG. 49' 23' EAST 25.16 FEET; NORTH 81 DEG. 11' 58' EAST 25.25 FEET; NORTH 82 DEG. p6' 00' EAST 25.20 FEET; NORTH 85 DEG. 28' S8' FJ\ST 25.06 FEET; THENCE L~A~/ING SAID TRACT NORTH 0 DEG. 42' 06' WEST 32.34 FEET, MORE OR LESS, 70 A POINT !N TiiE LINE PARAI.~EL TO AND 220.00 FEET NORTHERLY OF THE SOUTH UNE OF SAID SOU: HEAST QUAFl7ER OF THE SOUTHWEST ~iUAF1YER OF SAID S~CTION; THENCE SOUTH 83 DEG. 16' S4' WEST 200.00 FEET ALONG SAID PARALLEl. LJNE TO THE POIN'~ OF BEGINNING. DfCEPTING THEREFROM THE WEST 90 FEE'r OF THE NORTH 2.20 FEET. THAT PORTION OF THE SOUTHEAST QUARTER OF TH~ SOUTHWEST ~UARTER OF SECTION 9, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CAUFORNIA ~~ BEGINNING AT A POINT IN THE WEST LINE OF THE SOUTHEAST ~UARTER OF THE ~OUTHWEST LIUARTER OF SAID SECTION 9, DISTANT THEREQN 217.80 FEEr NORTk OF THE SOUTHWEST CORNER OF SAID SOUTHEAST QUAF~TER OF THE SOLITHWEST QUAFtTER; THENCE EAST PARALLEL TO THE SOUTH LJNE OF SECTION 9, 90.00 FEET; THENCE NORTH PARALLEL TO THE WEST LINE OF THE SOUTHEAST QUAR~R:.~G 'CKE SOUTHWEST QUARTER OF SECTICIN 3 TO A PC31N'i IN THE CENTER UNE OF THE 80 FEET STATE , HIGHWAY, AS CONVEYED TO THE STATE OF CAUFORNIA BY DEED RECORDED JANUARY 17, 1935 IN BOOK 724 PAGE 350, QiFFlCiAL RECORDS; 7HENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID STATE HIGHWAY T'O ITS INTERSECTION WITH THE WEST IJNE OF THE SOUT6i~AST DUARTER OF THE SOlJTHWEST ~UARTER OF SAID SECTION 9; THENCE $OUTH ALONG WEST L1NE 200.31 FEET TO THE POINT OF BEGINNING. EXCEPT T'riEREFRUM THAT ~ORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST UNE OF SAID 50UTHEAST QUARTER OF 7HE SOUTHWEST QUARTER OF SECTION 9, WITH THE C~NTE~ UNE OF MANCHESTER BOULEVAlaD, 80 FEET WIDE, DESCRIBED IN DEED TO TFlE ~TATE OF CAI.IFORNIA, RECORDEn JANUARY 17, 19:35 IN BOOK 724 PAGE 350, OFFICIAL RECORDS, IN THE OFFICE OF T~iE CUUNTY RECORDER OF 6AID CaUNTY; THEiv~E ALONG SAID CEN7ER L{NE OF MANCHESTER BOULEVARD, SOUTH 79 DEG. 45' OT EAST, 84.15 FEET; THENC~ SOUTH 10 DEG. 14' S9' WEST, 4rJ.OD F[~T TO THE SOUTHERLY UNE OF SAID MANCHESTER B04JLEVARD; THEIdCE S4UTH 86 DEG. 45' 00' ~NEST 28.53 FEET; THENCE SOUTFlVVESTERLY ALOI~G A CURYE CONCAVE SOUTHEASTERLY TANGENT TO THE LAST DESCRIBED COURSE AND HAVING A H/lDIUS OF~20.00 FEEr, THROUGH AN ANGLE OF 76 DEG. 00' 00' AN ARC DISTANCE OF 26.53 FEEr; Ti-IENCE 1'ANGENT, SOUTH 10 DEG. 45' 09' WEST, 38.86 FEET TO TFtE EASTERLY UNE OF l.OARA STREET, 40 FEET WIDE, THE CENTER UNE OF WHICH STREET iS SAID 1N~ST LINE dF THE SOUTHEAS7 pUARTER OF THE SOUTHWEST GUAR ~-cR OF SECTION 9; THENCE SQUTH 89 DEG. 15' 10' WEST, 20.00 FEET TO SAID WEST lJNE; THENCE ALONG SAID WE5T LINE, NOR7H 0 DEG. 44' S0" WEST, 110.63 FEET '~O 7HE POINT OF BEGINNING, AS GRANTED TU THE STATE OF CAIJFORNIA, BE DEED RECORD~D FEBRUAFdY 1, 1950 IN BOOK 1962 PAGE 266 OF OFFIGAL RECORDS. -2- Pp5~5 ,~~. ~ CJ WHEREAS, the Cfry Planning Commission did hdd a publio hearing at the Cfvia Center In the Ciry of F.nahaim on AprN 15, 1996 at 1:30 p.m., notice of said publi'~ hearing having been duly given as required bynsider evkJencs ornand agafhnst satd ip o~posed ~ ft orial us9i pe ~and op rnestigate and make CG flndings and recommendations fn conne^tion therewith; and WHER~AS, said Commission, after due tnspection, investigaUon and study made by itself and tn its behalf, and after due consideration of all ovidence and reports offered at said hea~ing, does ftnd and detemnine the fdlowfng facts: 1. 7hat the proposed use is prope~ly one for which a condftional use PermK ~s authorized by Anaheim Muntctpal Code Section 18.61.050.040 to permit a 3-story, 28,254 sq.ft. animai kennei wfth waNers of the fdfowing: (a) ~e,c'~on 18 61 063.010.011 - Minimum stn.~ctura! t ck. (5Q-foot building setback required adjacertt to Manchester Avenue; 5 feet propt~sed) (b) ~ec*ion 18 61 063.010.011 - Minimum (andsca setback• NO-foot wide fuily larxlscaped setback required adjacent to Manchester Avenue; .~ fiest proposed) 1. That waivers (a) and (b) are hereby granted on the bas(s that there are special circumstances applicabie to t~e proNerty consiaKing of its locatton and surroundings because R is impacted by the realignmerre of Manchester Avenue in connection with improvements bei~9 made to the I-5 Sar-ta Ana Freeway, which circumstances do not appiy tc other identically zoned propertles In the vicinity; and, as part of the I-5 widening project, it is ar~ticipated that Manchester Avenue will be redesfgnated a'local street"; and ttutt as a local s9roet, a minimum 5-foot wide fully landscaped buqding setback will be required ~~ ~ for future structures adjacent to Manchester Avenue; 2. .,_Thac sMci applicatio~ of the Zontng Code deprNes the property of privileQes enloYed by other ~rop~r+':;s~undor iderttlcal zoning dass~ication in the vicinity; ,~ i~at the ~roposed use i§ properly one for which a condiUonal use RermK is auth°rized by the ~,~r~; ~: r _ i .f ~ A~- , hat the proposed uss will not ativersely affect the adjoinfng land uses and the growth and developraa~~t of the area in which it is proposed ta be locatsd; 5. Thzt the size and shapa of the site for the proposed use is adequate to ailow the full deve~opmeM of the proposed use in a manner not deMmerital to the partlcular area nor to the peace, health, ~afety, and genaral welfare; 6. That ~rie trafHc generated by ths proposesi use wtll not (mp~s~ an undue burden upon the streets and highways designed arxl improved to carry the trafflc in the area; 7. That the granting of tne condit~onal use perm~, under the coriditions imposed, wU~ not be deMmentat to the peace~ health~ sa~ety and 9eneraf welfare of the cltizens of the City °f Anaheim; and 8. That no one indicated thafr presence at safd puhlic hearing in opposftion~ and that no correspondence was received in oppositiorrto the subject petftia'~. -3- Pq5~5 ~ ~FORNIA ENVIRANMENTAL ~UALITY ACT FINDING: That the Anahelm City Planning Commfssion has reviewed the proposa~ to permft a 3-stwY~ 28~254 squa~e foot a~~~ kennel wth ~vaivers of minimum structural setbadc and minlmum landscaped setback on a~ trregularly-shaPed Par~l af land consisting of appro~dmately 0: ~~~'~ feethon the souch ~e ~ Nlanchester Avenue and 17~eet Sireet having frorrtages ofi aPPr on the oast stde of Loara Street, and further described a~ 273 a~d 275 Norch Manche~ter Avenua and 214 North Loara Street; and does hereby approve the NegaWe Dedarat(on u~on flnding that the dedaraUon reflects the Indeponderrt judgemerrt ofi the lead agenay and that it has conside fiu-ther Hnd~ing on~ the bas s Yogether wfth any co~nmeMS received durtng the public reNiew process of the tnftial study and any comments recetved that there is no substantiai evidence tt~at ~he PrO1~ ~I have a signiHc:aM effect on the e~vironmeM. NOW, THEREFOR~, BE IT RES~JWED that the Anahelm City Planning Co.mmission does hereby grant ~ubJect Petftfon for Condftional Use Fermn~ ~P°~ ~he fdlawing conditlons N~hkh are hereby fourxi to be a ncacessary prereq~isfte to the proposed use of the sublect property in order to preserve the safety and ge~eral weHare ~f the Citizens c~f the City of Maheim: 1. That a revised landscape pian shall be submitted for Planning DepartmeM review and s~pproval. Safd plan shall Alustrate full larxiscape c:ovefa9e of the blank first floor buUding wails and coverage of the equipme!~t buUding ad~acent to the exfsting monopoEe antenrea. 2. That sign plans showing a temporary free~tandin9 ~oEe sign shali be submftted to the Zoning Division of the Planni:sg Departmerrt ior review and approval by Planning and Redevelopment scaff• Safd P°~e sign shall be removed at the oHmer's expe~so ~Po~ completion of thls segment of the !-5 Santa Ana Freeway wldenfng proJect or by April 15, 2000, whfchever occurs flrst, and replaced wfth a sfgn wh(ch conforrs-s wfth the Zoning Code. 3. That the developer shall subml~ a water qualfty managomeM plan (W~MP1 gPeci~ly identifying the best management practices 3hat wUl be used on sfts to contrd predictablo pollutants from stormwator runoff. The WQMP shall be submitted to the Public Works Engineer(ng Depgrtment, Developmerd Services Division, for review and approval. 4. That a plan sheet far solid weste stora9e 8nd collecti°n and a plan for recyding shall be aubmttted to the Department of Maintenance for review and approva~• 5. '~hat the ow~er of subject property shall submft a letter requesting termination of Conditional Use pennft IVo. 1g4g (permitting outdoor storage of new automobqes with waNer of requfred setback and required enclosure of outdoor uses at 273 Narth Manchestar Avanue) to the Zoning Division• 6. s bmittecio theC iry of Anaheim byte pBt~ oner~and whf~ch p1a~n~s areh onefNe w}th the Pl,a~ntn~ng Department marked Exhibit Nos. 1 through 10. 7. That prior to iss~:ance of a buqding permft or within a period of one (1) Year ftom ths date of th(s ~esolution, whlchever occurs ftrst, CondiUon Nos. 1, 3, 4 and 5, above-merstioned, shal! be complied with. Extensions for further time to complete said condftlons may be 9ranted (n accordance wfth Section 18.(13.090 of the Anaheim Municipal Code. 8. That prior to final building and zoning (nspectlons, Conditton Nos. 2 and 6, above-merrtloned, shall be complied with. 9. iTt~complies~with t ei Anahei mtMu~+~fpal Zoning pCode and any rothe~r applkk:ab~e CKY~ tS~ate and Federa~ ~ PC95~35 : ~~ ~ ~ rovsl does not indude any action or flndings as io compliance °r apPrO`~ °f the regula~lons. ApP raquest regardin9 any other appiicable ordinance, regulation or requireme BE iT FURTHER RESO~.VED that the Anaheim Ciry Planning Comn'-~M 8~~~~~ ~ and determine that adoption of thts Resolution is expresslY Rredicated uporr apW ~ereof, be each and all of the condft~ons heretnabQVe set foRh. Shoufd any such condition, or any Id or uner~forceable by the fl~l jud9mertt °f any c~K ~~~e~ lurisdlction, then this dedared irnal t~s hereln consained~ shall be deerr-ed null and void. Resolutlon, an~ any app mission meeUn9 of p`P~ THc FOREGOING RESOLUTION was ad~pted at the Plannin9 Cam 15, 1996. ^ ~, ~/ ~ lni pyypMAN qNAHEIM PLANNING COMMISSION ATTEST: SECREfARY, EIM CITY PLANNING COMMISSION " STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss• CITY OF'ANAFiEIM ) I, Marga ~ ondo ~~ S~t adopted i at a~m Ieeting of t eh m~ elm~ Ctry Planning that the foregoing resoi the fdlowin9 vote of the members thereof: Commisslon held on Apr~ 15~ ~~~ by AYES: COMMISSIONERS: ONE ~CK B~YDSTUN, BRISTOI, HENNINGER, MAYER, MESSE, PERAZA NOES: COMMISSIONE ABSENT: COMMISSIONERS: NO~N~ ~~~ day ~ „~„ „ r i~~~„ ~ - ~N WiTNESS WHEREOF, I have hereunto set my hand this _ 1996. ~ ~~ SECR , ANAHEIM CITY PLANN~NG COMMISSION Pq5~5 -5-