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PC 78-181RESOLUTIOIJ N0. PC78-181 A RESOLUTION OF THE ANAHEIM CITY PLANNING CONMISSION THAT PETITION FOR CONDITIONAL USE PE4MIT N0, 1868 BE GRAt~TED WNEREAS, the Anaheim City Planning Caronisslon dtd receive a vertfted Petitlon for Conditlonal Use Permit fron STADIUM INDUSTRtAL PARK, 1201 South Beach Boulevard, La Habra, Lalifornia, 90631, owner, and WILLIAt1 G, PEACOCK~1~01 South Beach Boulevard, La Habra, California ?OE31, agent, of certain real property situated tn the City of Anaheim, County of Ora:~9e, State of Califor~la, described as: PARLEL 1: THAT PORTION OF TtiE FRACTION~L SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, IN TOI,R~SfiIP 4 SOUTH, RA~lGE 10 WEST, SAN BERNARDINO BASE ADID MERIDIAN, DESCRIBED ACCOftDING TO A MAP OF SURVEY, RECORDED It1 BOOY. 9, AT PAGE 10 OF RECORD5 Of SURVEY, RELORDS Of SAID ~R.1NGE COUNTY, DESCRiBED AS FOLLOWS: BEGiNNI1JG AT A POINT IN THE NORTH LINE Of THE FftACTIONAL SOUTNNEST QUARTER OF THE SOUTNWEST QUARTER OF SAID SECTION 24, DISTANT TIiEREON 330 FEET EASTERLY FROM THE NOR7HWE5T CO!i~lER OF SAID SOUTHWEST QUARTER OF THE SOUTHIJEST QUARTER AND RUNNING THENCE EASTERLY ALONG SAID NORTH LINE 600.45 FEET; THENCE SOUTH 33° 00' WEST 532.25 FEET TD AN IRON STAY.E: THENCE SOUTH 5~ 30' WEST 165.40 FEET TO AN IRON STAKE IN THE NORTHEASTERLY LINE OF THE RIGHT OF 11AY OF THE ATCHISON, TOPEKA 6 SANTA FE RAILNAY; THENCE NORTH4lESTERLY ALONG SAID NORTNEASTERLY LINE 1b0.E6 FEET TO THE SOUTHEASTERIY COR"tOER OF THE PARCEL OF LAN~J C0~7VEYED TO C. A. SANYER AND WIFE BY DEED RECORDED FEDRUARY 1(1, 1920 IN BOOK 35~, ~1T PAGE 194 OF DEEDS; TNENLE NORTH 14° 21' NEST ALOtIG THE EASTERLY IINE OF SAID SAWYER LkND~ 577.68 FEET TO THE POINT OF BEGINtIING. PARCEL 2: THAT PORTION OF THE FRACTIONAL SOUTH41E5T QUARTER OF THE SOUTNWEST QUARTER OF SECTION 24, IN T01JN5NIP 4 SOUTH, RAqGE 10 FiEST, SAN BER4AROINO BASE A~lD MERIDI.4N IN THE RANCHO SAN JUAl1 CAJON DE SANTA ANA, DESLRIBED ACLORDING TO A SURVEY RECORDED IN BOOK 9, AT PAGE 10, OF RECORDS OF SURVEY, I~I THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, AS FOLLOWS: BEGINNINC AT A POINT IN THE NORTH LINE Of THE FRACTIONAL SOUTHWEST QUARTER OF TNE ~OUTH11E5T QUARTER OF SAID SECTION 24, DISTANT THEREON 930.45 FEET ASTERLY FROM THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF HE SOUTFINEST QUARTER, AND RUNNING THENCE EASTERLY ALONG SAID ORTH LINE. 199.45 FEET HORE OR LESS TO THE ~lESTERLY LINE OF THE AND DESCRIBED iN THE THIRD PARCEL SET OUT IN THE DECREE IN THE CTION OF D. F. ROYER, PLAINTIFF V5. W. A. VENN AND OTHERS. E~ENDANTS, A CERTIFIED COPY OF WNICH WAS RECORDED APRIL 26, 1918 N BOOK 319, AT PAGE 266, QF DEEDS, RECORDS OF SAID ORANGE COUNTY; NENCE SOUTHWfSTERLY ALONG THE WESTERLY LINE OF SAID LAND, TO A OINT IN THE NORTHERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, OPEK11 AND SANTA FE RAILWAY COMPANY; TNENCE NORTHNESTERLY ALONG HE NORTHERLY LINE OF SRID RlGHT OF WAY 112,47 FEET. MORE OR LESS, 0 THE MOST SOUTHERIY CORt~ER OF TNE TRALT OF LAND CONVEYED TO JOHN . NOXON AkD WIFE~ BY DEED DATED DECEMBER 12, i930 AND RECOROED IN OOK 972. AT PAGE 463 OF OFFICIAL RECORDS IN THE ~FfICE OF THE OUNTY RECORDER OF SAID ORANGE COUNTY; THENCE NORTfI 5° 30' EAST, PC78-t8i ALONG THE EA57ERLY IINE OF SAID NOXON TRACT OF LAND 165.40 FEET TO AN AXLE SET AT AN ANGLE POINT IM SAID LINE; THENCE NORTH 33° 00~ EAST, ALOWG THE EASTERLY LINE~ 532.Z5 FEET TO TNE POINT OF BEGINNING. NHEREAS~ the City Planning Cortmission dld hold a public hearing at the City Hall in the City of Anaheim on July 35. 1978, at 1:30 p.m.~ notlce of said publlc hearing having been duly given as required by law and in accordance with the provisions of the Anahelm Munlclpal Code, Chapter 18.03. to hear and consider evidence for and against said proposed conditlonal use and to invcstlgate and make ftndings and recommendations in connection therevrith; and WHEREAS. sald Cormnission, after due inspection, investigation and study made by itself and in Its behalf, and after due consideration of all evidence and ~eports off~:red a[ sald hearing, does find and determine the following facts: t, That the proposed use is properly one for whtch a conditional use permit is authorized by Anaheim Municipal Code Section 18.03.030.010 and 18,61,050.070 to permli an au[o parts sale and repair facility. 2. That the proposed use will not adversely affect the adjoining land uses and the growth and devetopment of the area in which tt Is proposed to be located because there are other nearby commercial uses tn the area. 3. That the size and shape of the site proposed for the use ts adequate to allow the full development of the proposed usc in a manner not detrimental to the particular area nor io the peace, health, safety. and general welfare of the Citizens of the Lity of Anahelm. 4. That the graniing of the Condttlonal Usc Permit under the conditions imposed, If any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the Ctty of Anaheim. 5. That no one indlcated their presence at sald public hearing in opposition; and that no correspondence was recelved fn opposition to the subJec[ petltlon. ENVIRONMENTAL IMPALT FINDING: The Planning Director or his authorized representative has determined that thc proposed project falls within the definitio~ of Categorical Exemp[tons, Class t, as defined !n Paragraph 2 of the City of Anahelm Environmental Impact Report Guidelines and is, therefore. cateaorically exempt from the requirement to prepare an EIP.. NOW~ THEREFORE, BE IT RESOLVED [hat the Anahelm City Planning Canrt:tssion does hereby grant subJect Petitlon for tonditional Use Permtt~ upon the following conditions whlch are hereby found tn be a necessary prerequislte to the proposed use of the subJect property in order to preserve the safcty an~ general rrelfare of the Citlzens of the City of Anaheim: 1. That the owner(s) of sub)ect property shall pay the traffTc slgnal assessment fee dlfference between Industrlal and commercial uses as adopted by the Ctty Council within 90 days from the date hereof. -2- PC78-181 2. That subJect property shall be developed substantlally in accordancc with pians and specifications on file with the City of Anahelm marked Exhibit Nos, 1 and 3, BE IT fURTHER RESOLVED that the Artahelm Ctty Planntng Commission does hereby find and determine that adopt(on of this Resolution is expressly predlcated upon applicant's compliance with each and all of the conditions hereinabove set forth, Should any such conditlon, or any part thereof, be declared invalid or unenforceable by the final Judgment of any court of competent Jurlsdictton, then thts Resolutlon. and any approvals herein contafned~ sha)1 be deemcd nu11 and void, THE FOREGOING RESOLUT10~1 is signed and approved by me this 31st day of July ~978. ~ N, NA ITY L NNIHG COHHISSION ATTEST: ~°~L ,z_° ~ ~. .: SECRETAftY~ ANAHEIM CITY PIANNING COM~ftSS10N STATE OF CALIFORNIA ) CO(:NTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Edith L. Narris, Secretary of the Anahelm City Planning Commission, do hereby certify that thc foregoing resolutlon was passed and adopted at a meeting ~f the Anaheim City Planning Commission held on July 31, 1978, at 1:30 p.m., by the following vote of the members thereof: AYES: COMHISSIONERS: BARMES, DAVID~ HERBST~ JOH~~SON, KING, TOLAR NOES: COf1MI5510~1ER5: NONE ABSENT: COM4ISSIONERS: LINN 1N 4lITtlESS uFlEP,EOF, t have hereunto set my hand thls 31st day of July~ i97$, `~~e.~. ,~.° e~l~r.~., '~`~CTiE~`AR , A AHE~TTP`~! jN I NG OMM I55 f ON -3- PC78-I81