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80R-152 RESOLUTION NO. 80R-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2052 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from CALIFORNIA SERVICES CORPORATION, owner, and FLOYD L. PARANO, agent, to expand an existing automobile auction and reconditioning facility on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: Parcell: That portion of Lot 35 of Hazard's Subdi- vision, in the County of Orange, State of California, as shown on a licensed surveyor's map filed in Book 1, Page 26 of Record of Surveys, in the office of the County Recorder of said Orange County, California, described as follows: Beginning at the Southwest corner of said lot; thence North 30 36' West along the Westerly line of said lot, 256.57 feet; thence Easter- ly parallel with the Southerly line of said lot, 725.78 feet, more or less, to a point in the Southerly prolong- ation of the Westerly line of Block 44 of Richfield, as shown on said map, said line being coincident with the Westerly line of the land conveyed to B. F. Christner and others, by deed recorded July 8, 1919, in Book 340, Page 321 of Deeds, records of said Orange County; thence Southerly along said line, 256.02 feet, more or less, to a point in the Southerly line of said lot; thence westerly along the Southerly line of said Lot, 709 feet, more or less, to the point of beginning. Except that portion included within Parcel Z19-123 of the Final Order of Condemnation Case No. 160825 a certified copy of which was recorded March 18, 1971 in Book 9575, Page 685, of Official Records. Said land is shown on a map filed in Book 55, Page 40 of Parcel Maps, in the office of said County Recorder: and Parcel 2: That portion of Lot 42 of Hazard's Subdivi- sion, in the County of Orange, State of California, as shown on a map filed in Book 1, Page 26 of Records of Surveys, records of Orange County, California, as described in Parcel 124.1 of a deed recorded in Book 8709, Page 991 of Official Records of said County, which lies Easterly of a line parallel with and 60.00 feet Easterly from the Westerly line of said Lot 42. Said land is shown on a map filed in Book 55, Page 40 of Parcel Maps, in the office of said County Recorder; and -1- ATTY-26 (Page 1 of 2 Pages) Parcel 3: That portion of Lot 42 of Hazard's Subdivi- sion, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 1, Page 26 of Record of Surveys, in the office of the County Recorder of said County, described as follows: Begin- ning at the Northwest corner of said lot; thence East- erly 744.84 feet along the North line of said lot to a 4" X 4" post, thence Southerly 600.59 feet parallel with the East line of said lot to the North line of that certain 5 acre tract described in the deed to William F. Speer, recorded December 26, 1917 in Book 316, Page 398 of Deeds; thence Westerly 705.76 feet along the North line of said 5-acre tract to the East- erly boundary line of the Rancho San Juan Cajon de Santa Ana; thence Northwesterly along said Rancho line 601.56 feet to the point of beginning. Except the Southerly 400.00 feet thereof. Also except that portion thereof included within the land described as Parcel Z19-125 in the Final Order of Condemnation Case No. 10825, a certified copy of which was recorded March 18, 1971, in Book 9575, Page 685, of Official Records. Also except that portion described as Parcels 124 and 124.1 in a deed to the County of Orange recorded September 4, 1968, in Book 8709, page 991 of Official Records. Said land is shown on a map filed in Book 55, Page 40 of Parcel Maps, in the office of said County Recorder; and Parcel 4: The Southerly 400.00 feet of that portion of Lot 42 of Hazard's Subdivision, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 1, Page 26 of Record of Surveys, in the office of the County Recorder of said County, described as follows: Beginning at the Northwest corner of said lot; thence Easterly 744.84 feet along the North line of said lot to a 4" X 4" post; thence Southerly 600.59 feet parallel with the East line of said lot to the North line of that certain 5-acre tract described in the deed to William F. Speer, recorded December 26, 1917, in Book 316, Page 398 of Deeds; thence Westerly 705.76 feet along the north line of said 5-acre tract to the easter- ly boundary line of the Rancho San Juan Cajon de Santa Ana; thence Northwesterly along said Rancho line, 601.56 feet to the point of beginning. Except that portion described as Parcel Z19-125 in the Final Order of Condem- nation, Case No. 160825, a certified copy of which was recorded March 18, 1971, in Book 9575 Page 685, Official Records; and Parcel 5: That portion of Lot 35 of Hazard's Subdivision, as per map filed in Book 1, Page 26 of Record of Surveys, in the office of the County Recorder of said County, described as follows: Beginning at the Northeast corner of the land described in the deed to Charles H. Willut and Mary Willut, his wife, recorded in Book 9, Page 309 -2- of Official Records; thence North along the West line of the land described in the deed to B. F. Christner, et al., recorded in Book 340, Page 331 of Deeds of said Orange County, and the West line of the land described in the deed to General Petroleum Corpora- tion, recorded in Book 360, Page 194 of Deeds of said Orange County, and the prolongation of said West line to the Southeast corner of the land described in the deed to Hugo Wetzel recorded in Book 331, Page 156 of Deeds, of said Orange County; thence West along the South line of the land of said Wetzel to the West line of said Lot 35; thence South along the West line of said Lot 35 to the Northwest corner of the land of Willut, et ux., hereinabove referred to; thence East along the North line of said Willut land to the point of beginning. Except that portion described in the final order of condemnation, a certified copy of which was recorded September 16, 1970, in Book 9405, Page 795 of Official Records. -3- MIEREAS, 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 hy 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. PC80-26, qranting Conditional Use Permit No. 2052 ; and MIEREAS, 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 saio 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 MIEREAS, 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 City of Anaheim that the action of the City Planning Commission Grantinq said conditional use permit be, and the same is hereby, affir~ed and that Conditional Use Permit No. 2052 be, and the sarne s hereby, granted permitting expansion OL an existing automobile auction and reconditioning facility o~ the hereinabove specified property, subject to the followIng conditions: --4- ATTY-26 (Pave 2 of 2 Paves) _~'__"_.'_',.''','e_,.~"""~",,,,..". '_'__'.__"..= 1. That all engineering requirements of the City of Anaheim along Tustin Avenue including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as required by the City Engineer and in accor- dance with standard plans and specifications on file in the Office of the City Engineer. 2. That street lighting facilities along Tustin Avenue shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager. 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, within a period of ninety (90) days from the date herein. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That the owner(s) of subject property shall pay appropriate drainage assessment fees to the City of Anaheim as determined by the City Engineer. 7. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim. 8. That the owner(s) of subject property shall pay a traffic signal assessment fee of $32,000.00; $10,660.00 being based on the current commercial assessment fee ($130.00 per 1000 square feet) for the existing 82,000 square foot building plus $21,340.00 which amount will be applicable to future construction on the property of future rates. 9. That the proposej automobile auction facility shall comply with all signing requirements of the ML (Industrial, Limited) Zone. 10. That all proposed automobile storage and parking areas be fully paved with three (3) inch asphalt concrete. 11. In order to enforce the City of Anaheim regula- tion prohibiting on-street parking along Tustin Avenue, the property owners shall paint the curb along the entire length of subject property red and shall so maintain the curb. The paint shall be subject to the approval of the City Traffic Engineer. -5- -,-~~...---....._,...., 12. That all landscaping along the entire Tustin ~venue frontage shall be installed and maintained as required by Code. 13. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim marked Revision No.1 of Exhibit No.1. 14. That Condition Nos. 1, 2,3,4,5,6,7,8,10, 11, 12 and 13, above mentioned, shall be complied with within a period of ninety (90) days from date hereof, or such further time as the Planning Commission may grant. 15. That this conditional use permit shall be reviewed by the City Council within one year, and at such other times as may be recommended by the Planning Commission to reevaluate the effect of said use on surrounding properties and to determine compliance with the conditions of approval. 16. That under no circumstances shall car carriers be unloaded or loaded in the Tustin Avenue right-of-way or in other nearby public streets, nor shall such vehicles be parked in Tustin avenue. 17. That all vehicles intended for auction or already auctioned shall be stored in the fenced area only and shall not be parked in the parking area intended for dealer-customer parking. The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owner, its successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day of April, 1980. ATTEST: EIM c~idt€~-ANAHEfM JLW: j h -6- "'~""-'~'-"""-----~--""-'-~' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CI TY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 80R-152 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 8th day of April, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 80R-152 on the 8th day of April, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of April, 1980. ~ JLJoD~~ CI CD RK OF THE CITY OF 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. 80R-152 duly passed and adopted by the Anaheim City Council on April 8, 1980. _~~'A~)A.~ CI TY CLERK