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93-052 RESOLUTION NO. 93R-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3586. WHEREAS, the City Planning Commission of the city of Anaheim did receive an application for a conditional use permit to permit an indoor soccer field in conjunction with and accessory to an existing indoor swap meet facility upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT OF WAY LINE OF A 60 FOOT STATE HIGHWAY, AS DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN BOOK 258, PAGE 66 OF DEEDS, WITH THE NORTHERLY RIGHT OF WAY LINE OF CERRITOS AVENUE 40.00 FEET IN WIDTH, SAID POINT BEING ON A CURVE IN SAID NORTHEASTERLY RIGHT OF WAY LINE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 630.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 82 DEG. 54' 41" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4 DEG. 37' 14", A DISTANCE OF 50.81 FEET; THENCE NORTH 6 DEG. 55' 00" WEST ALONG THE EASTERLY LINE OF LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED APRIL 13, 1929 IN BOOK 257, PAGE 462 OF OFFICIAL RECORDS, TO THE SOUTHWEST CORNER OF TRACT 3313, AS SHOWN ON A MAP RECORDED IN BOOK 107, PAGES 34 TO 37 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 89 DEG. 56' 31" EAST 1161.91 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 3313, TO THE WESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, AS DESCRIBED IN A DEED RECORDED AUGUST 18, 1899 IN BOOK 44, PAGE 226 OF DEEDS; THENCE SOUTH 15 DEG. 25' 43" EAST 78.85 FEET ALONG SAID WESTERLY LINE TO THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23; THENCE SOUTH 0 DEG. l0t 18" EAST 640.48 FEET ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE OF THE NORTHWEST QUARTER TO SAID SECTION 23; THENCE WEST ALONG SAID SOUTHERLY LINE TO THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID 60.00 FOOT STATE HIGHWAY; THENCE NORTHERLY ALONG SAID NORTHEASTERLY LINE TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE EAST 144.51 FEET TO SAID LAND. ALSO EXCEPT THEREFROM ALL THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE WHICH IS PARALLEL WITH THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23 "CENTER LINE OF CERRITOS STREET" AND DISTANT NORTH 220.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID SOUTHERLY LINE, AND THE EASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED APRIL 13, 1929 IN BOOK 257, PAGE 462 OF OFFICIAL RECORDS "EASTERLY LINE OF LOS ANGELES STREET"; THENCE SOUTH 6 DEG. 55~ 00" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 150.99 FEET TO A POINT OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 630.00 FEET, SAID POINT BEING IN THE NORTHEASTERLY RIGHT OF WAY LINE OF A 60.00 FOOT STATE HIGHWAY, AS DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN BOOK 258, PAGE 66 OF DEEDS, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 78 DEG. 17' 27" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6 DEG. 26' 59" AND AN ARC DISTANCE OF 70.92 FEET TO A POINT IN THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 84 DEG. 44' 26" EAST; THENCE EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 221.36 FEET; THENCE NORTH AND AT RIGHT ANGLES TO SAID SOUTHERLY LINE, A DISTANCE OF 220.00 FEET; THENCE WEST AND PARALLEL WITH SAID SOUTHERLY LINE, A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING; and 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 required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation 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. PC93-22 granting Conditional Use Permit No. 3586; 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 consi- deration 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 - 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 impose 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, for the reasons hereinabove stated Conditional Use Permit No. 3586 be, and the same is hereby, granted permitting an indoor soccer field in conjunction with and accessory to an existing indoor swap meet facility on the hereinabove described real property, subject to the following conditions: 1. (a) That prior to commencement of any further improvements to subject facility, the soccer proposal shall be reviewed and approved by the Fire Department and the screening details of the soccer field shall be submitted to the Parks and Recreation Department for review and approval; and (b) That prior to commencement of the soccer proposal, an "assembly permit" shall be obtained from the Fire Department and maintained for the duration of said use. 2. That subject soccer field facility shall operate only as an accessory use to the primary use of the property (an indoor swap meet). In the event the indoor swap meet use is terminated or Conditional Use Permit No. 3400 is terminated or revoked, this Conditional Use Permit shall automatically expire and the indoor soccer permitted hereby shall be terminated. 3. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 4. 4. That prior to final building and zoning inspections or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1 and 3, above-mentioned, shall be complied with. 5. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of March, 1993. OF THE CITY ~ ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:lm 742 - 4 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 93R-§2 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of Mamh, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS; None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-52 on the 24th day of March, 1993. IN WITNESS WHEREOF, i have hereunto set my hand and aftfixed the official seal of the City of Anaheim this 24th day of March, 1993. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N, SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 93R-52 was duly passed and adopted by 1Ihe City Council of the City of Anaheim on March 23, 1993. CITY CLERK OF THE CITY OF ANAHEIM