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1981-591RESOLUTION NO. 81R -591 A RESOLUTION OF Ti-IE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2274. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ORANGE COUNTY WATER DISTRICT, owner, and LORTON TRUCK AND EQUIPMENT, agent, to permit a truck and heavy equipment storage yard on certain real property, situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 5: TPOSE PORTIONS OF LOTS 22 AND 23 IN BLOCK 36 OF YORBA LINDA TE'ACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5 PAGES 17 AND 13 OF MISCELLANEOUS T'MAPS IN THL OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 22, SAID LINE BEING CONSIDERED FOR THIS DESCRIPTION AS THE CENTER LINE OF THAT CERTAIN UNNAMED STREET, SHOWN ON THE EAST SIDE OF SAID LOT 22, 'COMMONLY KNOWN AS FEE ANA STREET', SOUTH 0 12' 25" EAST 284.80 FEET FROM THE NORTHEAST CORNER OF LOT 22, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TIIE LAND DESCRIBED IN DEED RECORDED DECEMBER. 3, 1937, IN BOOK 919 PAGE 221 OF OFFICIAL RECORDS; THENCE SOUTH 0 12' 25" EAST 57.81 FEET TO A POINT IN THE NORTH TOE OF THE NORTH DIKE OF THE SANTA ANA RIVER; THENCE SOUTH 51 50' 20" WEST 973.11 FEET ALONG SAID NORTH TOE TO THE CENTER LINE OF A STREET COMMONLY KNOWN AS RICHFIELD ROAD; THENCE NORTH 0 07' 10" WEST 655.96 FEET ALONG SAID CENTER LINE OF RICHFIELD ROAD TO A POINT SOUTH 0 07' 10" EAST 284.80 FEET FROM THE NORTH LINE OF SAID LOT 22; THENCE NORTH 89 46' 05" EAST 766.30 FEET TO THE POINT OF BEGINNING. and THE SOUTH 401.18 FEET OF THE EAST 764.79 FEET OF LOT 19, AND THE NORTH 284.80 FEET OF THE EAST 764.79 FEET OF LOT 22, ALL IN BLOCK 36 IN THE YORBA LINDA TRACT, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 5, PAGES 17 AND 18 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; and WHEREAS, the City Planning Co.uwtission 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. PC81 -235, granting Conditional Use Permit No. 2274; 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 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 condition- al use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoin- ing 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 City of Anaheim that the action of the City Planning Commis- sion granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2274 be, and the same is hereby, granted permitting a truck and heavy equipment storage yard on the hereinabove described property subject to the following conditions: 1. That the owners) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in the amount of $500.00 per acre for 1.76 acres. 2. That trash storage areas shall be provided in accord- ance with approved plans on file with the Office of the Executive Director of Public Works. 3. 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. -2- 4. That plans shall be submitted to the Building Division for any proposed structures including modular units, showing compliance to the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained from the City prior to construction. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1; provided, however, that no vehicular access shall be taken to or from Tustin and Lakeview Avenues. 6. That Condition No. 1, above mentioned, shall be complied with within a Period of sixty (60) days from the date herein. 7. That the use is granted for a Period of one (1) year subject to possible time extensions by the City Council if it is determined that the use has not had an adverse impact on nearby streets and properties. The petitioner shall make written requests for the time extensions. When the time extensions are considered by the City Council, adjacent property owners will be notified by the City in order to allow those property owners to notify the City of any possible disturbances such as dust or deterioration to Richfield Road caused by subject use. BE IT FURTHER RESOLVED that the City Council 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 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. BE IT FURTHER RESOLVED that the City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions therein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 29th day of December, 1981. ATTEST: CITY CLERK OF THE ITY OF ANAHEIM JLW :dh /fm MAYOR OF THE CIT OF ANAHEIM PRO TEM (SEAL) 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. 81R -591 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 29th day of December, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 81R-591 on the 29th day of December, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of December, 1981. CITY LERK OF THE CITY. OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R -591 duly passed and adopted by the Anaheim City Council on December 29, 1981.