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1982-324RESOLUTION NO. 82R -324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2299 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from NATIONAL DISTILLERS PRODUCTS CORPORATION, owner, and RYDER TRUCK LINES, INC., JOHN MANGU, JR. , agent, to permit a truck terminal on certain real property located in the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE l0 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCEL- LANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF KEMP STREET WITH THE CENTERLINE OF LA PALMA AVENUE AS SHOWN ON A MAP OF GRESSWELL SUBDIVISION, RECORDED IN BOOK 6, PAGE 47, OF SAID MISCELLANEOUS MAPS, THENCE S 89 16' 25" W 390.10 FEET ALONG THE SAID CENTERLINE OF LA PALMA AVENUE TO A POINT DISTANT 20.00 FEET EASTERLY OF THE SOUTHERLY EXTENSION OF THE WEST LINE OF THE LAND DE- SCRIBED IN DEED RECORDED IN BOOK 689, PAGE 83 OF DEED IN THE OFFICE OF SAID COUNTY RECORDER; THENCE N 0 45' 58" W 53.00 FEET PARALLEL WITH SAID SOUTHERLY EXTENSION AND SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED; THENCE N 0 45' 58" W 223.00 FEET ALONG SAID PARALLEL LINE: THENCE N 41 05' 48" E 179.82 FEET; THENCE N 0 45' 58" W 42.00 FEET; THENCE N 89 16' 25" E 245.10 FEET TO A POINT ON A LINE PARALLEL WITH AND 25.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES FROM, THE SAID CENTERLINE OF KEMP STREET; THENCE S 0 45' 58" E 373.98 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTH- WESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 02' 23" A DISTANCE OF 39.29 FEET TO A POINT ON A LINE PARALLEL WITH AND 53.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SAID CENTERLINE OF LA PALMA AVENUE; THENCE S 89° 16' 25" W 340.08 FEET ALONG LAST MENTIONED PARALLEL LINE TO THE TRUE POINT OF BEGINNING; and -1- ATTY -26 (Papa 1 of 2 Pages) 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 re- quired by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investi- gation 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. PC82 -42 I arantina Conditional Use Permit No. 2299 ; 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 consider- ation 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 im- pose 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Citv of Anaheim that the action of the City Planning Commission , ant -ng _ said conditional use permit be, and the same is er be y, a ffj rm , dand that Conditional Use Permit No. ggg g be, and the same is hereby, granted permitting a truck terminal on the hereinabove described real property subject to the .following conditions: -2- ATTY -26 (Page 2 of 2 Pages) 1. That street lighting facilities along La Palma Avenue and Kemp Street shall be installed as required by the Office of the Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager; and /or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above - mentioned require- ments prior to occupancy. 2. That sidewalks shall be installed along La Palma Avenue and Kemp Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 5. That subject property shall be served by underground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That the owner of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for industrial buildings prior to the issuance of a building permit. 8. 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. 9. In the event that subject property is to purpose of sale, lease, or financing, a parcel map approved division of subject property shall be subs proved by the City of Anaheim and then be recorded the Orange County Recorder. 10. That all driveway radii dimensions shall view and approval by the City Traffic Engineer. be divided for the to record the nitted to and ap- in the office of be subject to re- 11. That an additional 12 -foot wide strip of land shall be dedi- cated to the City and improved adjacent to La Palma Avenue in accordance with the recommendation of the City Traffic Engineer. Said dedication and improvement shall run from the west side of the existing driveway leading to Flectramotors to the west curb of Kemp Street. -3- 12. That prior to the issuance of building permits, a sound study shall be conducted by a certified sound engineer. Said study shall be submitted to the City and shall determine whether or not there will be a sound problem for residents to the east of subject property. If a potential sound problem is identified, said sound study shall recommend such mitigation measures (i.e. barriers) as may be necessary to alleviate noise from trucks. Any sound barriers or other mitigation measures shall be constructed as recommendation by the study. 13. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit No. 1. 14. That no vehicular access shall be permitted to the prop- erty from Kemp Street. 15. That Condition Nos. be complied with prior to the under this resolution, or pri, is issued, or within a period occurs first, or such further grant. 1, 9, 11 and 12, above - mentioned, shall commencement of the activity authorized Dr to the time that the building permit of one year from date hereof, whichever time as the Planning Commission may 16. That Condition Nos. 2, 3, 5, 6, 10, 13 and 14, above - mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such 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 approved and adopted by the City Council of the City of Anaheim this 15th day of June, 1982. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:fm me STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 82R -324 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of June, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 82R -324 on the 15th day of June, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of June, 1982. C Y C ERK OF THE CITY"Iff ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R -324 duly passed and adopted by the Anaheim City Council on June 15, 1982. I rd� --