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PC 78-102RESOLUTION N0. PC78-102 A RESOLUTION OF THE ANAHEIM CITY PLANNING COHMISSION THAT PETITION FOR CONDITIOMAL USE PERMIT N0. 1832 BE GRANTED, IN PART WHEREAS~ thc Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from SIOUX HONEY ASSOCIATION~ 511 East Katella Avenue, Anahcim, California 92805, owners of certain real property situated in the City of Anaheim, County of Ora~ge, State of California~ described as: PARCEL 1: THAT PORTI01~ OF THE SOUTHEAST QUARTER Of TNE SOUTHWEST QUARTER OF SECTIQN 23, TOWNSHIP 4 SOUTH, RANGE 10 UEST, 117 THE RANCHO CAtI JUAt! CAJOt7 DE SAHTA ANA, IN THE CITY OF ANAHEIM, LOUNTY OF ORANGE, STATE OF CALIFORNIA. AS PER MAP RELORDED IN BOOK 51 PAGE 10 OF NISCELLAtdE0U5 MAPS, It~ THE OFFICE OF THE COUNTY RECORDER OF SAID COUIITY. OESCRIBED AS FOLLOWS: BEGiNNING AT A POINT 11~ THE CEqTER LINE OF KATELLA AVENUE, fi0.00 FEET WIUE (BEING THE SOUTH LINE OF SAID SECTION 23), NORTN 89~ 57' 45" EAST 660.95 FEET FROM THE ItITERSECTION TFiEREOF, u1TH THE CENTEP, L11~E OF THAT CERTAIFI 60-f00T STRIP OF LAND DESCRIBED IN DEED TO THE STATE OF CAIIFORNIA, RECORDED JULY 10, 1?14, IN BOOK 258 PAGE 66 OF DEEDS; THENCE P.T RIGHT ANGLES TO SAID LEI~TER LINE OF KATELLA AVENUE, NORTH 0° 02' 15" NEST 30.00 FEET TO A POINT IN THE ~~ORTHERLY LINE OF SA10 KATELLA AVENUE. BEING THE POII~T OF TANGENCY OF SA1D t~ORTHERLY LINE WITH A CURVE CONCAVE NORTHERLY, NAVING A RADIUS OF 350.00 FEET; THENCE NESTERLY 227.13 FEF.T ALONG SAID LURVE THP,OUGH A LENTRAL ANGLE OF 37° 10' S6"; THENCE NORTH 52Q 51' 19" 11EST 44.37 FEET TO THE EAST LINE OF THE NEST 10 ACRES Of THE SOUTHEAST Q.~ARTER Of THE SOUTHWEST QUARTER OF SAID SECTION 23: THENCE NORTH 0 16' S0" 1lEST li70.00 FEET ALONG SAID EAST IINE TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE NORTH 0~ lb' 50" WEST 722.90 FEET TO THE NORTH IINE OF TNE SOUTHEAST QUARTER Of THE SOUTHNEST QUARTER Of SA10 SEG7(ON 23: THENCE NORTH 8~° 54` 55" EAST 205.96 FEET ALONG TNE NORTH LIN~ TO TNE 4IESTERLY LINE OF TH.AT CERTAIN 60-F00T STRIP OF LAND DESCP,IBEO IN DEED TO SOUTHERN PACIFIC RAILROAD LOMPAt~Y RECORDED MARCH 31, 1899 IN BOOK 40 PAGE 268 OF DEEDS; THENCE 50UTN i5~ 28' S5" EAST 748.52 FEET ALONG SAID WESTERLY LINE TO A POINT 622.14 FEET IN A DIRECT LINE fROM THE INTERSECTION OF SAID WESTERLY LINE WITN THE CENTER LINE OF THE SA~D KATELLA AVENUE (BEING THE SOUTH LINE OF SAID SECTIOH 23); THENCE SOUTH 89~ 43' 10" WEST 132.27 FEE7 TO A 1 ItILH IRON PIPE; THENCE CONTIIIUING 50:~7H 89° 43' 10" WEST 270.00 FEET TO TNE TRUE POINT OF BEG!NNING. PARL'cL 2: TH.4T POP,TION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SEr-~oN 23, TOWNSHIP 4 SOUTH~ RANGE 10 wEST~ IN THE RANCHO SAN JU~ ~AJON DE SANTA ANA, IN THE CITY OF ANAHEiM, COUNTY OF OR/1NGE~ STATE OF CALIFORN~A, AS PER MAP RECORDEU IN BOOK 51 PAGE 10 Of MISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POIHT IN THE CENTER LINE OF K4TELLA AVENUE~ 60 fEET WIDE (BEING THE 50UTH LIf~E OF SAID SECTIQN 23) NORTH Sa° 57' 45" EAST 704,62 FEET FROM THE INTERSECTION THEREOF WITN THE CENTER LINE OF THAT PC76-102 CERTA~N 60-FOOT STP,IP OF LAND DESCRIBED iN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 10, 1914 IN BOOK 258 PAGE 66 OF DEEDS; TNENCE NORTH 0° 16' S0" WE~T 325.00 FEET TO THE TRUE POINT bF BEGINNING; THENCE CONTINUING NORTH 0 16' S0" WEST 274.11 FEET TO A 1 INCH tRON PIPE; THENCE NORTH 89° 43' 10" EAST 132,27 FEET TO A POIt~T ON THE WESTERLY LINE OF THAT CERTAIN 50 FOOT STRIP OF LAND DESCRIBED IN DEED TO SOUTHERN PACIFiC RAILROAD CO., RECORDEO MARCH 31, 1899 IN BOOK 40 PAGE 268 DEEDS, 622,14 FEET IN A DIRECT LINE FROM THE INTERSECTION OF SAID WESTERLY LINE WITti 7HE S111D CENTER LINE OF KATELLA AVENUE; THENCE SOUTH 15° 28' S5" EAST 284,05 FEET ALONG SAID WESTERLY IINE TO A POItJT 338.09 fEET IN A DIRECT LINE FROM SAID INTERSECTION; THENCE SOUTH 89~ 43' 10" 1JEST 206.76 FEET TO THE TRUE POINT OF BEGINNING. 41HEREAS, the Lity Planning Commission did h Hall In the City of Anaheim on May 8, 1?78, at 1:30 heari~g havtng been duly given as requtred by provisions of the Anaheim Municipal Code, Chapter evidence for and agafnst said proposed condittonal findings and recommendations in connection therewith; ~ld a public hearing at the City p.m., notice of said publTc larr and in accordance w(th the 18.03, to hear and consider use and to investtgate and make and WHEREAS, said Commission, after due Inspection, investigation and study made by itself and in its behalf~ and after due consideratlon of all evidence and reports offered at said hearing, does find and determtne the following facts: 1. 7hat the proposed use is properly one for which a condi[tonal use permit is authortzed by Anaheim Municipal Code Section 18,61.05~.5~8 to wit: to permit a lumber yard wtth waivers of: a. SECTION 18.01.130 - Requirement that all lots abut a ublic street. 1 lot proposed without public street r~ on[age proposed) b, SECTION 18.61.066.070 - Mfnimum number of truck arkin s aces. 1 space required;none proposed c. SECTION 18.61.068.030 - Minimum slte screenin . - oot hi h chain ink fence wi[h redwood s ats requ red around perimeter o ots; no screenin proposed along east property line 2. That the proposed use is granted for lumber storage with no sales whatsoevcr, nsither retatl or wholesale, to the general publTc. 3. That the aforementioned watver (a) is hereby granted on the basis tha[ the exTsting sixty (60') foot wide vehicular access easement along the westerly property line provides satTsfactory access [o Kateila Avenue and Claudtna Way and is open to the general public and emergency vehicles, and that said easement has been in extstence and use for many years. 4. That the aforemenitoncd walver (b) ts hereby denied on the basis that testlmony presented at.the public hearing indicated large vehicles would be caning onto the property to loaded a~d it was determined that one truck parking space would -2- PC78-102 r 1 / be necessary; and, furthermore, the petitione~ stlpulated to provid(ng one trutk parking space. 5. That the aforementioned walver (c) is hereby granted on the basis that the railroad tracks along the east property line are often occupted with rallroad cars and that the lumber storage area is not visible from Kateila Avenue, 6, That the proposed use, as granted, will not adversely affect the adJoining land uses and the growth and development of thc area in whTch it is proposed to be located. 7. That the size and shape of the stte proposed for the use, as granted~ 1s adequate to allow the fult development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 8. That the Conditional Use Permlt, as granted~ and under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare oF the Citizens of the City of Anaheim. 9. That thzre are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or calss of use in the same vicinity and zone. 10. That [he raquested waivers are necessary for Che preservation and enJoyment of a substantta) property right possessed by other property in the same vicinity a~d zone, and denied to the property in question. 11. That the requested walvers will not be materially detrimental to the pubiic welfare or inJurious to the property or improvements in such vicinity and zone in whTch [he property is located. 12. That no one Indicated thetr presence at said public hearing in oppositlon; and that no correspondence was recetved in opposition to the subJect petition. ENVIRONMENTAL IMPACT FIMDING: That the Anahefm City Planntng Commisston has revtewed the subJect pro)ect consisting of a lumber yard with waivers of the requirement that atl lots abut a public street, minfmum number of truck parking spaces and mtnimum site screening on an trre9ularly-shaped parce) of land consisting of approximately 6.0 acres, having a frontage of approximately 71$ feet on the east slde of Claudtna Nay. being located approxlmately 470 feet north of the center line of Katella Avenue; and does hereby approve the ~legative Declaratton fran the requirement to prepare an environmen[al (mpact report on Lhe basis that there would be no significant individual or cumulative adverse environmental impact due to the approval af this Negatlve Declaration since Che Anahefm General Plan deslgnates the subJect prnpe~ty for gtneral industrtal land uses ca+nensurate wtth the Rroposal; that no sensitlve environmental impacts are i~volved ln the proposal; that the initial Study submitted by the petitloner indlcates no signlftcant indlvldual or cumulattve adverse envtronmental impacts; and that the Negative DeclaraLlon substantlating the foregoing findings is on fTle (n the Ctty of Anahelm Planning Department. N04f~ THEREFORE, BE IT RES6LVED that the Anahelm tity Planning Commissior~ docs hereby g~ant, in part. subject Patition for Conditlonal Use PermTt. upon the -3- PC78-t02 i. ~, fotlowing condltlons whlch are hereby found to be a necessa~y prerequislte to the proposed use of the subJect property in order to preserve the safety and genera) welfare of the Cltizens of the City of Artahelm: i. That street llghting facilitles along Ctaudina Way shall be instatied prior to the final bullding and zoning lnspectlons unless otherwise approved by the Director of Publlc Utllities. and ln accordance wtth standard specifications on file ln the Office of the Director of Public Utillties; a~d/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 [o guarantee the installation of the above- menttoned requtrements. 2. Tha[ sidewalks shall be Installed along Claudina Nay as required by the City Engineer and in accordance wlth standard plans and specifications on file in the Office of the City Engfneer. 3, That trash storage areas shall be provided In accordance with approved plans on flle with the Office of the Director of Public Works. 4. That fire hydran[s shall be installed and charged as required and determined to be necessary by the Chief of [he Fire Department prior to cortmencement of structurai framing. 5. That drainage of subject property shall ba dtsposed of in a manner satisfactory to the City Engineer. 6. In the event tha[ subject property is to be divided for the pu~pose of sale. lease, or flnancing, a parcel map. [o record the approved diviston of sub)ect property shall be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Recorder. 7, That appropriate water assessment fees as determTned by che Director of Public U[ilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 8, That subject property shall be developed substantialiy in accordance wi[h plans and speciflcations on file with the City of Anahetm marked Exhibit No. 1; provided, however. that one truck parking space shati be provided. 9, That Conditlon No. 1. above-mentloned, shall be complted with prior to the commencement of the activity authorized under this resolution, or prtor to the tlme chat the building permit is issued~ or within a period of one yea~ fran date hereof. whichever occurs first, or such further time as the Planntng Commission may grant. 10. That Condition Nos. 2, 3, 5 and 8. above-mentioned, shall be compited with prior to final building and zonTng inspections. BE 1T FURTHER RESOLVED that the Anaheim tity Planning CamiTsston does hereby find and dete~mine that adoption of thTs Resolutlon is exp~essly predicated upon applicant's compliance with each and all of the co~ditions hereinabove set forth. Should any such conditlon~ or a~y part thereof, be declared invalid or unenforceabie by the final Judgment of any ce~!~S of competent Ju~isdiction~ then this Resolutton~ and any approvals hereln contatned~ shall be deert~ed null and void. _y_ PC78-t02 r . ~ : THE FOREGOING RESOLUTION is signed and approved by me this 8th day of May~ ~9~a. RMAN P 0 ORE ANANEIM CITY PLA~INING LOMNISSION ATTEST: ~~ ~ ~lew~-~ SECRETARY, ANAHEIM CITY PLANNING LOMMISSION STATE OF CALIFORNIA COUNTY Of ORANGE 1 ss. C17Y Of ANAHEIM ) 1, Edith L. Harris, Secretary of the Anahelm Lity Planntng Ca+mission. do hereby certify that the foregoing resolutlon Kas passed and adopted at a meeting of the Anaheim City Planning Commission held on Msy 8, 1978. at 1=3~ p.m.,by the foilowing vote of the members thereof: AYES: COMMISSIONERS: BARNES, DAVIO. HER85T~ KING~ LINt~ NOES: COMMiS510NER5: NONE ABSENT: COMMISSIONERS: JOHNSON. TOLAR IN WITNESS WIiEREOF. i have hereunto set my hand this 8th day of May~ 1978. ~~X~.~- ~ ~ ~= SECRETARY, AttAttEtY. ClTY ?!!'.!!4lNs CUMMi551~N ,.5_ PC78-t 02