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PC 78-143~ , RESOLUTION N0. PC78-143 A RESOLUTION OF THE ANAHEIM CITY PLANNING CONMISSION THAT PETITIOPI FOR CONDITIONAL USE PERMIT N0. 1849 BE GRANTED WHEREAS~ the Anaheim City Planning Commisston did receive a verified Petltion for Conditlonal Use Permit from BRITISH MOTOR CAR DISTRIBUTORS, LTD., 555 California Street, Suite 3180, San Francisco, California, 94~04, owner~ and RONALD MALOUF/RAYMOND KIMMEY~ 2192 Martin Street, Suite 144, Irvine, California 92715. agents, of certain real propcrty situated in the City of Anaheim, County of Orange~ State of Csl(fornia, described as: PARCEL 1: The North half of the Northeast quarter of the Southeast quarter of Section 22, Ttnvnship ~ South, Range 1Q Nest, as shown on a Map flled in book 15, page 4 of Record of Surveys in the offlce of the CounCy Recorder of Orange County, California. Excepting therefrom that portfon of said land lying Southwesterly of the NorLheasterly line of that certain parcet of land conveyed to Pacific Improvement Company by deed recorded May 12, 18A8 in book 434, page 269 of Deeds, records of Los Anqeles County, California. Also excepting that portion described tn deed [o the State of Californta, recorded April 29, 1952 in book 2322. page 139 of Official Records. Also excepting the tnterest, Tf any, ir that por[ion thereof included within Tract No. 190, as shown on a Map recorded in book 23, page 50 of MisceTlaneous Haps, records of Orangc County, Cali~ornia. PARCEL 2: The West 1?8 feet of che Northo+es[ quarter of the Northwest quarter of the Southwest quarter of Section 23, being a portion of Lot 41 in Township 4 South, Range 10 west, as shown on a Map recorded in bool: 2, pages 256 artd 257 of Patents of Los Angeles CounLy, California. Exceptt~g therefrom the land described in deeds to the State of California, recorded May 20, 1929 in book 276, page 160 of Official Records, and recorded April 29, 1952 in book 2322, page i39 of Officai Recnrds; anJ Parcel 1: A portion of the West 198 feet of the Northwest quarter of the Northwest quarter ~f the Southwest quarter of Section 23, Township 4 South, Range 10 41est, S. B. B. 6 M, in the Rancho San Juan CaJon de Santa Ana, as shown on a Map recorded in book 2~ pages 256 anJ 257 of Pa:ents, records of Los Angeles County. State of California~ dPscribed as follows: Beginning at the intersectton of the ~lorth lTne of Parcel 2, as described In the deed recorded in book 176, page 210 of Official Records of Orange County~ California, and the Mesterly right of way linc of a 60- foot Sta[e Hlghway known as road Vil-Ora-2-0~ as described in the deed recorded in book 258, page b6 of Deeds, records of said Orange Councy~ which point bears North 89° 47' 15" East 160.11 feet fram a 4" x~" whlte post marking the Northwest corner of Parcel 2, as described in deed recorded ln book 175, page 210 of Offtcial itecords of Orange Courtty, California, said point of beginning betng a point on a curve concave to the Nest, having a radlus of 570 feet, (a radlal ltne from satd point bears South 79° PC78-143 { ~ 56~ 45" West); thence from said polnt of beglnning Southerly along said curve through an angle of 9° 50' 30" a dtstance of 97.91 feet; thenc~ tangent to satd curve South 0° 12' 45" East 271,2E feet to a point; thence at right angles South 89p 47' 15" West a distance oF 20 feet to a line which ts parallel wtth and dlstant 50 feet Nesterly, measured at right angles, from the center line of satd State Highway~ (a radial line from sald polnt bears South 89° 47' 15" West); thence Northwtsterly along a curve conc$ve to the blest having a radius of 1950 feet, through an an$le of 6 45' 30", a dlstsnce of 230.01 feet; thence North 6 5$' 15" West 140.21 feet to the North line of Parcel 2, as described In satd deed recorded in book 176, page 210 of Officiat Records of Orange County, California; ihence North 89° ~7~ i$" East alona sald North ine a distance of 41.97 feet to [he poin[ of begtnning, containtng 0.253 of an acre, more or less. Parcel 2: Those porttons of the Northeast quar[er of the Northeast quarter of the Southeast quarter of Section 22 and of the West 198 feet of the Northwest quarter of the ~lorthwest quarce~ of [he Southwest quarter of Sectton 2~ all of Townshtp 4 South~ Range 10 West, 5. B. M., in [he Rancho San Juan Cajon de Santa Ana, County of Orange, State of California, descrlbed as follows: Beginning at the in[ersection of a line parallel with and dista~t 170 fcet Westerly, measured at right angles, fran the center line of that certain 60 foot strip of land described in deed recorded in book 258, page 66 of Deeds of sald County, with the South tine of satd Northwest quarter of [he Northwest quarter of the Southwest quarter of Section 23, said point of beginning beina the Northeast corner of that cercain parcel of land described in Certificate of Titie No. 9112 on file in the offtce of the Registrar of Tltles of sald County; thence along said South line, South 39 ° 59' 25" West, 76.00 fcet to the Northrrest corner of said certain parcel of land; thence North 6° 40' 00" East, 11b00 feet; chence North 71° 37' S5" East, 45.16 fcet thence Norih 28 24' S0" Easi, 82.24 feet to Che point of tangency of this course with a curve, concavc WesterTy, having a radtus uf 477 feet; thence Northerly along said curve through an angle of ?oo 10' 49" an arc distancs of 242.93 feet to the point of tangency of said curve with a curve, concave Westerly, having a radius oi~ 1896 feet; thence Northerly along said last mentioned curve throuc,~h an angle of 4° 28' 36"~ an arc distance of 148.14 feet; thence North 84° 45' 25" East~ co the East lfne of said Wes[ 198 feet; thence Southerly along said East Iine to the South line of said Northwest quarter of the Northwest quarter of the Southwest quarter; thence along said South line South 89° 59' ZS" West. 170.00 feet to the point of beginning, Excepting therefram that portTon thereof included within that certain parcel of land described ir deed to the State of California recorded in book 276, page 160 of Official Records of said County. Also excepting therefrom that portton included within Parcel 6 as shown on a Map filed fn Book 4, pages 5 to ii lnclusive. of State Highway Maps, records of said Orange Coun[y. WHEREAS~ the Ct~y Planning Commtsston did hold a public hearing at the Ciiy Hall in the City of Anaheim on Juty 3, 1978. at 1:30 p,m „ no[ice of satd publlc -2- PC78-t43 hearTng having been duly glven as requtred by law and in accordance with the provisions of the Anaheim Hunicipai Code, Chauter 18,03, to hear and conslder evidence for and against said proposed conditional use a~d to inves[igate and make findings and recommendations in connection therewlth; and NNEREAS. said Cartimisslon, after duc inspection, tnvestigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at sald hearing, does find and determine the following facts: i. That the proposed use is properly one for which a conditional use permlt is authorized by Anaheim Hunicpal Code Section 18.03.0~0,010 and 18.05.112.020 to wit: to permit tndustrial uses and off-stte signing with waivers of: (a) SECTION 16.05.115.020 - Minimum setback fran an intersection. 5 eet requ rcd or the s gn; i~nd 0 feet proposed) (b) SECTION 18.05.116 - Minimum round clearancc. ~ eei required or thc sign; t~f~et proposed). That the proRosed waivers (a) and (b) are hereby granted on the basis that the existing public s[~eet to the property to the south wiil be ciiminated and the new accessway w(11 be indirect and through the proposed commercial and industrial complex and wil! provide improvr.d and safer traffic circulatlon to the existing au[^mobite dealership to che south; that the proposed signs are necessary to properly identlfy that business' location; and that the proposed monument-type signs will not visually obstruct che passing traffic. 3. Tha[ the proposed use wili not adversety affect thc adjoining ia~d uses and the growth and development of the area in which it Ts proposed to be located. 4, That the size and shape of the si[e proposed for the use is adequate to allow the full development of the proposed use in a manner not dctrimental to the partlcular area nor to the peace. health. safety, and general welfare of the CTtizens of the C(ty of Anahcim. 5. That the granting of the Conditional Use Permit under the condTtions imposed, if any~ will not be detrime~tal ;o the peace. health, safety and general welfarc of the Citizens of the City of Anahcim. 6, That no one indicated iheir presence at saTd public hearTng in opposii(on; and tha' ~o correspondence was received in opposition to the subJect pe[ition. E~~ViRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has revTewed ihe subJect proposa to rec assify the zoning from ML (INDUSTRIAL, LIMITED) to LL (COMMERC~AL~ LIMITED), to permit industrfal uses and off-site stgning with waivers of minimum setback f~om an intersection and minfmurn ground ciearance to construct a commercial/tndustrlal complex on an irregularly-shaped parcel of land consisting of approxlmately 12.3 acres located between the Santa Ana Freeway and Anahelm Boulevard and having a fronta9e of approximately 1081 feet on the west sTde of Anaheim Boulevard. having a maximum depth of approximatety 1149 feet, and being located approximately 676 feet south of the centeriine of Midway Drtve; and does hereby approve the Negattve Declaration from the requlrement to prepare an -3- PC78-143 t ; envlronmental impact report on the basis that there would be no slgniflcant individual or cumulative adverse envirortmental impact due to the approval of this Negative Declaratlon sfnce the Anahclm General Plan deslgnates the subJect property for commerclal profcssional land uscs cortmensurate with the proposal; that no sensTtlve anvironmental lmpacts are involved ln thc proposal; that the Initlal Study submitted by the petittoner Indicates ne significant indivldual or cumula[ive adverse cnvironmental impacts; and that the Negative Declaratlon substantiating thc foregoing findings ls on flle in the City of Anahetm Planning Department. NOW, THEREFORE. BE IT RESOLVED [hat the Anahelm City Planning Commisston does hereby grant subject Petition For Conditional Use Permit, upon the followtng conditions whlch are hereby found to be a necessary prerequisite to the proposed use of the subJeci property in order io preserve Lhe safety and general welfare of the Citizens of the City of Anahelm: 1. 7hat this Conditional Use Permtt Is granted subJect to the completion of Reclassification No. 73-79-2, now pending. 2. That subject property shall be developed substantlally in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3; orovtded, however~ that an eight (B) foot high masanry block wall shall be constructed along the nor[h property line. BE iT FURTHER RESOLVEO that the Anahelm City Planning Commiss~on does hereby find and determine [hat adaption af this Resolution is exnressly predicated upon applicant's conpliance with each and atl of the conditTons herelnabove set forth. Should any such condition, or any part thercof, be declared invalid or unenforceabie by the final judgment of any court of conpetent Jurisdiction. then this Resolution, and any approvals h.^.rein contatrted~ shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 3rd day of July t978. ~ ~ , R`1AN~ A H H CITY PLANNING COMHi5510N ATTEST: ~~ ~ ~~~ SECRETAR , ANAHEIM CIT LANtiING CONMISSION STATE OF CALIFORNIA ) COUNTY Of ORANGE ) ss. CITY OF ANAHEIM I, Edlth l. Harris, Secretary of the Anahelm Clty Ptanning Commission, do hereby certify that the foregoing resolutlon was passcd and adopted a[ a meeting of the Anahcim City Planning Commissian held on July 3, t978, at 1:~0 p.m., by the following vote of the members thereo~: AYES: COMMISSIONERS: DAVID. HERBST, JOHNSON~ KING~ LtNN, TOLAR NOES: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: BARNES ABSENT: COMMISSIONERS: NONE IN XITNESS MMEREOF~ I have hereunto set my hand this 3rd day of July~ 1978. -q- 5 ,, ~`~~' ~ ~A~ CoHM~55ioN PC78-t43