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PC 80-26r~eso~uTlori r~o. PcBO-2~ A RESOLUT 1011 OF THE API~HE I~1 C ITY PLhtlN I P!G CO'1111 SS I OPl THAT PETITIOPJ FOR C0~lDITIOPJAL USE PFR`11T tJO. 2n52 BE GRAtlTED WNEREAS, tiie Anaheim City Planr.ing Commission dId receive a verifiad Petition for Conditional Use Permit from CALIFORPIIA SERVICES CORPORATIO~J, r32o North Tustin Avenue, Anaheim, California, 92~07, o~~mer, and FLOYD L. FARRA^!0, Attorney at Law, 2555 East Chapman Avenue. Fulierton, California ~7G31, agent, of certa~n real property situated in the City of Anaheim, County of Orange, State of California, described as: Parcel 1: That portion of Lot 35 of Hazard's Subdivision, in the County of 6range, State of California, as shovrn on a licensed surveyor's map `iled in Book 1, Page 26 of Record of Surveys,!n the office of the County Recorder of said Oranne County, California, described as follows: Beginnino at th~ Southwest corner of said lot; thence t•Jorth 3° 36' lJest ~long the 4;esterly line of said lot, 256.57 feet; thence Easterly parallel with the Southe~ly line of said lot, 725.78 feet, more or less, to a point in the Southerly prolongation of tne Westerly line of Block ~t4 of Richfield, as shown on said map, said line being coincident with the Westerly line ef tl~e land conveyed to B. F. Christner and others, by deed recorded July 8, 191g, in Book 3~!~, Page 321 of Deeds, records of said Orange County; the~ce Southerly along said line, 256.o2 feet, more or less, to a point in the Southerly line of said lot; thence Weste rly alon9 the Southerly line of said Lot, 70g feet,more or less, to the point of beginning. Except that portion included witn:n Parcel Zt?-12j of the Fina1 Order o` Condemnation Case Plo. 16087_5 a certified copy of which was recorded March 1f3, 19%1 in Book 9575, Page 6u5, of Official Records, Said land is shown on a map filed in Book 55, Page 40 of Parcel tlaps, in the office of said County Recorder; and Parcel 2: That portion of Lot 42 of Hazard's Subdivision, in the County of Orange, State of Ca)ifornia, as shown on a map filed in Bool: t,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, aihich lies Easterly of a line pa~-allel with ancl 60.00 feet Easterly from the 4lesterty line of said Lot 42. Said land is sl~own on a map filed in aook 55, Page 40 of Parcel t•taps, in tlie office of said County Recorder; and Parcel 3: That portion of Lot 42 of Hazard's Subdivision, in the City of Anaheim, County of Orange, Stat~ of California, as per map recorded in aook 1, Page 26 of Record of Surveys, in the offire of the County Recorder of said County, described as Tollows: Beginning at the Clorthwest corner of said lot; thence Easterly 7~+4.84 feet along the North line of said lot to a A" X 4" post, thence Southerly 600.59 feet parallel with the East line of said PC80-2E~ lot to the tJorth 11ne of that certain 5 acre tract described in the deed to 4lllliam F. Speer, recorded December 2(~, 1Q1J in BooN 316, Page 398 of Deeds; thence Westerly 705.76 feet along the Plorth line of said 5-acre tract to the Easterly boundary line of the Rancho San Juan Cajon de Sonta Ana; thence PJorthr~esterly along said Rancho line 601.~L- feet to the point of beginning. Except the Southerly ~00.00 feet thereof. Also except thaC portion there of included within the land described as Parcel Z19-125 in the Final Order of Condemnation Case ~Jo. 10~25, a certified copy of whicli was recorded March 1S, 1971, in Book 9575, Page 685, of Official Records. Also except that portion described as Parcels 124 and 121!,i in a deed to the County of Orange recorded September 1E, 1.968, in Book 8709, page ~91 of Official Records. Said land is shown on a map filed in Book 55, Page ~E~ of Parcel Maps, in the office of said County Recorder; and Parcel 4: The Southerly 4oo.eo feet of that portion of Lot 42 of Hazard~s Subdivision, in the City of Anaheim, County of Orange, State of Califcrnia, as per map recorded in Dook t, Page 26 of Record of Surveys, in the office of the County Recorder of said County, described as follo~•rs: Beginning at the hlorthr~est corner of said lot; thence Easterly 741~,84 feet along the ~lorth line of said lot to a 4" X 4" post; thence Southerly 600.5p feet parallel with the East tine of said lot ko the Nortli line of that certain 5-acre tract described in the deed to William F. Speer~ recorded December 25, 1917, in 6ook 316, Page 3~8 of Deeds; thence Westerly 7i~5.76 feet along the north line of said 5-acre tract to *_he easterly boundary line of the Rancho San Juan Cajon de Santa Ana; thence PJorthwesterly along said Rancho line, 601.56 feet to the point of beginning. Except that portion clescribed as Parcel 219-125 in the Finai Order of Condemnation, Case tJo. 1611825, a certified copy of which o-+as recorded March 18, 19~1 in Book 9575, Page 655, Official Records; and Parcel 5: That portion oF Lot 35 of Hazard's Subdivision, as per map filed in Book S, 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. Lfillut and Ptary Willut, his wife, recorded in Eiook 9, Page 309 of Official Records; thence ~lorth 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 oP said Orange County, and the tJest line of the land described in the deed to General Petroleum Corporation, recorded tn Book 3~0, Page 194 of Deeds of said Orange County, and the orolongation of said 41est line to the Southeast corner of the la~.d described in the deed to Hugo 4letzel recorded in Book 331, Page 156 of Deeds, of said Oranye 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 Plortho-~est corner of th~ land of bJillul•, et ux., hereinabove referred to; thence East along the North line of said blillut land to the point of begtnning. Except that portion described in the final order of condemnation a certified copy of a~hich was recorded September 16, 197Q, in Boo~C 9-'t05, Page 795 of Officiat Records. -2- PC8~-26 4lHEREAS, the City Planning Commission did schedulr a public hearing at the City Hall in the City of Anaheirn on January 28, t^30, at 1:3~ P.m., notice of said pub 1~ c hear i ng hav i ng bei>n duly g i ve~~~ as requ i red by la~~r and i n accordance v~i th the provisions of tlie Anaheim Municipal Code, Chapter 13.03, to hear and consider evidence for and against said proaosed reclassification anJ to investi9ate and make findings and recommendations in connection therewith; said pubiic hearing having been continued to the Planning Commission meeting of February 11, 1°.3~; and 41HEREAS, said Commission after due inspection, investigation and study made by itself and in its ~ehalf, anJ after due considPration of all evidence and reports offered at said hearing, does find and determin~ the follo~~,~ing facts: 1. That tP~e proposed use is properly one for a~hich a con~litional use parmit is authorized by Anaheim tlunicipal Code Sections 1°.E1.050.050 and 18.51.050.070 to expand an existing automobile auction and reconditioning facility in the F1L (Industrial, Limited} Zone. 2. 7hat the proposed use is hereby granted subject to petitioner's stipulation macle at tlie public hearing to payina a traffic signal assessment fee of $32,000.00, based on the existing buildin~, the over-all size of the property and the substantially expanded parking ~rea. The assessment anount consists of 516,6Fi0.00 based on the commercial rate ($130.~0 per 1')00 square feet) for the existing 82,000 square f~ot building o-~itli the balance o` 521,3~:n,p!; being applicable to future building construction on subject property at future rates. 3. That the proposed use is herehy granted subject to petitioner's stipulation that there shall be no loading or unloading of car carriers in the public right-of-tvay; tl~at no auctioned veliicles shall be stored outside the fenced area, and that- the 425 designated parlcing spaces shall be reserved for dealer-customers only. 4. Ttiat the propo~:ed use is hereby granted for a period of one (1) yr_ar~ after ~~hich time and uoon a~rit:en rectuest by the petitioner, consideration may be given as to whetfier the use shuuld be extended for additional one (1) year perlods of time. 5. That the proposed use will not adversely affect the adjoining land uses and the ~roti~~th ancl development of the area in ~•rhich it is praposed to be located. 6, That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a nanner not detrimental to the particular area nor ta the peace, health, safety, and general aaelfare of tne Citizens of the City of Anaheim. ~. That tlie granting of the Conditional Use Permit under tFe conditions imposed, if any, will not be detrimental to the ;~eace, health, safety and general ~aelfare of the Citizens of the City of Anaheim. 3. That the traffic 9enerated by the ~rpposed use ~•~ill not impose an undue burden upon the streets and hiyhways designed and im~roved to carry the traffic in the aYea. -3- PCIIn-26 9. That no one indic~ted their presence at said public hearing in opposition; and that one letter ~:~as receiv~d in oppcsition to the subject petition. EIlVIRO~lMENTAL INPACT FIPI^itJG: That thc Anaheim City Plannina Commission has reviewed the proposal to expand an existin9 automobile auction and reconditioning facility in the hiL (In~ustrial, Limited) 7_one on a rectangulariy-shaped oarcel or land cunsisting of appror,imately 24.33 acres, havina a frontage of approximately i1~42 feet on the cast side of Tustin Avenue, having a r~aximum ciepth of approximately 70 feet and bein~ located approxinately 22~ feet nortii of the centerline of htiraloma Avenue; and does hereby approve the Negative !)eclaration from the requirenent to prepare an environmental im~,act report on the basis that thert lvould be no significant incfividual or cumulaiive adverse environmental inpact due to the approval of this tlegative Declaration since the Anaheim feneral Plan designates the subject property for general industrial land uses cornnensurate ~aiti; the proposal; that no sensitive environmental impacts are involved in tlie proposal; that thc Initial Study submitted by C;ie petitioner inciicates no significant individual or cumulatTve adverse environmental impacts; and that thc ilegative Declaration subst~ntiating the foregoing findings is on file in the City of Anahein Planning ~enartnent. ~~041, T~I[R[FOP,E~ BE IT RESG~i~ED that the Anaheim City Planning Commission does hereby grant sul-,ject Petition for Conditional L'se Permit, upon the following conditions v~hich are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the sa`ety and general wclfare of the Citizens of the City of Anaheim: 1. That all enginecring rcquirenents of the Cit;~ of Anaheim along 7ustin pvenue including preparation oT improvement plans and installation of all improvements such as curbs and gutters, sider~all;s, street grading and ~aving, drainage facilities or other appurtenant t•iorl:, shall be complied ~•~ith as required by the City Engineer and in accordance ~~~ith standard nlans and s~eci`ications on file in Che UTfice of the City Engineer. 2. That street lightiny facilities alonq Tustin Avenue shall be installed as required by the Office of Iltilities General Flanager, and in accordance v!i.*.h specifications on file in tlie Office of Utilities General Mana9er. 3. That trash stora9e areas shall be provided in accordance ~~~ith aporoved plans on file with the Office of the Executive ~irector of Public 4lorks, a~ithin 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 necessarv by the Chief of the Fire Department. 5. ihat drainage of subject property sliall be disposed of in a manner sattsfactory to the City Enginecr. 6, That tiie o~•mer(s) of subject {~roperty shall pay appropriate drainage assessr,ient fees tc, the City of Anaheim as determined by the City Engineer. -l~- PC3~-26 7. That appropriate ~rater assessment fees as dete-7ined hy the Office of Utilities General tlanager shall be pai~ to the City of Anah~i~n. 3. That the o~;~ner(s) of sub,ject property shall ~ay a traffic signal assessnent fee of $32,on~.0~; ;1!1,E6~).p0 being based on the current commercial assessment fee ($i30.0~ per 10~0 square feet) for the existing °2,nen Square foot buiiding plus $21,3ko.00, ~~hich amount o-rill be applicable to future construction on the property of future rates. 9. That the proposed auto~obile auction facility shall cemply a~ith all signing requirements of the hIL (Industrial, Limitecl) 7.one. 1~. That al l proposed automobi le storage ~n!I p~~rl:inG areas be ful ly paved arith three (3) inch asphalt concrr.te. 11. In order to enforce the City of Anaheim reoulatior. prohihtting on- street parkin~ along Tustin Avenuc, the property o~~rners shall paint the curb along the enttre length of suhject property red and shall so maintain the curb. The paint shall be wbject to L•he approval of the City Traffic Engineer. 1?. That all 'andscapina along the entire Tustin Avenue frontage shall be i~stalled and maintained as required by Codc;. 13. That suhjecC property s!iall be developed substantially in accordance with plans and specifications on file H~ith the City ~f AnaheiM marF;ed Revision No. 1 of Exh i 61 t~lo. 1, 11~. That Condltion Plos. 1, ^, 3, 1a~ 5, (~ ]~ ?~ ~~~ ~~~ ~2 and 13, above- rientioned, shall be compiicd a~itli ~~ithin a period of ninety (9!) days from date hereof, or such further tine as the Plannin, Commission nay grant. 15• That this use consisting of a parl:ing lot and open storage area for an automobile auctioninq business sha11 he qnrmjttC~ fot ~;;c (1) year, suLject to possible extensions of time upon ~aritten request by the petitioner. 1f. That under no circumstrr,ces shall car carriers he unloaded or loaded in the Tustin Avenue right-of-o-~ay or in uther nearby puhlic streets, nor shail such vehicles be parked in Tustin 4venue. 17. That all vehicles intendec~ for auction or already auctioned shall be stored in the fenced area only and shall not be parked in the ~arl:ing area intended for dealer-customer parking. BE IT FURT~iFl; RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this °esolution i, expressl~ predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Sh~uld any such condition, or any part thereof, be declared invalid nr unenforceable by the final judgment of any court of competent jurisdiction, then this ResolutTon, and any approvals herein contai~ed, shall be dcemed nuli ancl void. -5- PC£1~-2! ~ ^a i• ~,. TNE FORC-r,0;~,;~ R~SOL'1T10lJ is signed and approved by mc this llth day of February, 1930, ~~ ~ /i J~ f.NA I R~!I1D!, JIPIAI C::~, C I TY P~I ~"~r COMM I SS FlTTcST: ION (o~ ,Z. ' S[C^ETARY~ t~AHEI!1 CITY PLAN,IdI'!G CON'1ISS10!i STATE OF CAL i FORP! IA ) COUP!TY GF OP,Ar~r[ ) ss. C I TY OF APIAHE I t1 ) ~, Edith L. hlarris, Secretary of the Anahein City Plannin~ Commtssion, do hereby certify that the foregoing resolution ~~~as passed and aciopted at a meeting of the Anaheim City Plannin9 Commission held on February 11, 1Q^'1, by the fclloo-iing vote of the members thereof: AYES: COM.`1ISSIO~IERS: BARNES, BUSHOP,C, D.4VID, FP,Y, NER~ST, Y,I":^, T~LA° NOES: COMNISSIOWERS: ~i0^!E ADSEPJT: C0:~1~11SSIOIJERS: PIONE ~~! t•IIT~:ESS WHEi<EOF, I have liereunto set my hancl this tlth d~y of February, 1 ~f30. `~~ a?.' %~~~, SEGRFTl1hY, APtAfIE I t! C I TY PLANM I NS C0.'1M I SS I OPI '~' PC8n-2G