PC 75-117. • ~~
~ ~
RESOlUTION N0. PC75-117
A RESOLUTiON OF THE CITY PLANNING COMMISSION OF THE CITY OF ANANEIM
THAT PETITION FOR CONDITIONAL USE PERt11T N0. 1538 BE GRANTED.
WHEREAS, the City Planning Comrtiission of the City of Anaheim did receive a
verified.Petition for Conditional Use Permit from FREDERICK B. MORLEY, 515 N, East
Street, Anaheim, Ca, 92805 (Owner); SCOTf R. MORLEY, 1001 N. Grove Street, Anaheim,
Ca. 92E06 and GOROON M. MORLEY, 125 Clarke Street, Bishop, Ca. 93514 (Aaents) of
certain real property described as:
The southerly 40 feet of Lot 6 and Lots 7 and 8 in Block "A" of Tract No. 549, in the
City of Anaheim, county of Orange, state of California, as per map recorded in book 18,
page 23 of Miscellaneous Maps, in the office of the county recorder of said Orange
County; and
WHEREAS, the City ?lanning Comnission did schedule a public hearing at the City
Hall in the City of Anaheim on June 9, 1975, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the provisions
of the Anaheim Municipal Code, Chapter 18,03, to hear and considar evidence for and
against said proposed conditional use and to investigate and make findings and recom!.^.rr-
datio~s in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, a~d after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the proposed use is properly one for which a cunditional use permit is
authorized by Code Section 18,44.050.080, to wit: permit the construction o'f a self-
service car wash, in the CL (COMMERCIAL, LIMITED) ZQNE, with waivers of:
a. SECTION 18.44.062.011 - Maximum buildinq heiqht within_150 ft._of single-
familv residential zone. (1 ft, permitted; 15 ft.
proposed),
b. SECTION 18.44.063.050 - Minimum landscaped sideYard setback -(10 ft.
required; 3 ft• proposed).
2. That Waiver 1-a, above-mentioned, is hereby granted on the basis that the
15-foot high building abuts only the singie-family residential property to the north,
said property being owned by the petitioner,
3. That Waiver 1-b, above-mentioned, is hereby granted on the basis that the
proposed sideyard abuts only the single~family residential property to the north, said
property being owned by the petitioner.
4, That the Petition for Conditional Use Permit No. 1538 was endorsed by the
property owners immediately adjacent to the subject property on the west.
5. That the petitioner stipulated to removing the underground gasoltne tanks prior
to any new construction.
6. That the petitioner stipulated to relocating the existing trash enclosure area
to the south tr~wards Sycamore Street, in accordance with approved plans on file with the
Office of the Director of Public Works.
7. That tfie petitioner stipulated to semoving the easterlymost driveway on Sycamore
Street and to replacing said driveway with standard curb, gutter and sidewalk and,
additionally, to extending the proposed on-sita landscaping across the replaced driveway.
8. That the petitioner stipulated to making ar. irrevocable offer to the City of
Anaheiin to deed a strip of land forty (40) feet in width from the centerline of tFie
street along EasC Street, includirig a fifteen (15) foot radius property line return, for
street widening purpases, conditicaned upon the need for said dedication, as required and
determined to be necessary by the City of Anaheim.
RESOLUTION N0. PC75-117
, ::%..
~ ~
9. That the petitioner further stipulated that at the time of street widening
on East Street, the three (3) feet of landscaping adjacent to the existing right-of
way on said street shall be relocated and insielled by the property owner adjacent
to the ultimate right-af-way; since if the landscaping setback from the planned
ultimate right-of-way were required at this time, there would be a resultant six (6)
feet of landscaping until such time as the street was widened. ,
10. That the petitioner stipulated to maintaining a sound level not to exceed
65 dbA at all property lines, and that the mechanical equipmer,t will be located within
the control room and away from said property lines.
11, That the petitio~er stipulated to directing any exterior lighting downward
and away from the property lines aouttin3 the resideniial properties.
12, That the proposed use, as granted, will not adversely affect the adjoining
land uses and the growth and development of the area in which it is proposed to be
located.
13, That the size and shape of the site proposed for the use, as granted, 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 weifare of the
Citizens of the City of Anaheim.
14. That the granting of the Conditionai Use Permit, 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.
15, That no one indicated their presence at said public hearing in opposition anl
no correspondence was received in opposition to subject petition.
ENVIRONMENTAL IMPACT REPORT FINDING:
That the Director of the Development Services Department has determined that the
proposed activity falls within the definition of Section 3.01, Class 3, of the City
of Anaheim Guidelines for an E~vironmental Impact Report and is, therefore, categor-
ically exempt from the requirement to file an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the `ollo~aing condit ans
which are hereby found to be a necessary prerequisite to the proposed use of the su'iject
property in order to preserve the safety and general welfare of the Citizens of the City
of Anaheim:
1. That the owner(s) of subject property shall make an irrevocable offer to the
City of Anaheim to deed a strip of land forty (40j feet in width from the centerlir:
of the street along East Street, including a fifteen (15) foot radius property linc
return, for street widening purposes, conditioned upon the need for said dedication as
required and detarmined to be necessary by the City of Anaheim, and as stipulated t.~ by
the petitioner.
2, 7hat the underground gasoline tanks shall be removed prior to any new const~•uction,
as stipulated to by the petitioner.
3, That trash storage areas shall be relocated towards Sycamore Street and pro~ided
in accordance with approved plans on file with the Office of the Director of Puh1?c
Works, as stipulated to by the petitioner.
4. That subject property shall be served by underground utilities.
5, That subject property shall be developed substantiaily in 3ccordance with pl~ns
and specification~• on file with the City of Anaheim marked Exhibit No. 1; provided,
however, that th~ easterly driveway on Sycamore Street shall be removed and replaced
with standard curb, gutter and sidewalk and, additionally, the proposed on-site land
scaping shall be extended across said replaced driveway, as stiputated to by the
petitioner, ,
6. That any exterior lightin9 shall be directed downward and away from the property
lines abutting the residential properties, as stipulated to by the petitioner.
7. That Condition Nos. 1 and 2, above-mentioned, shall be comFlied with prior tc
the co~mencement of the activity authorized under this resolution, or prior to the tine
that the building permit is issued, or within a period of one year from date hereof,
whichever occurs first, or such 'Further time as the Planning Lommission may grant.
_p_ RESOLUTION N0. PC75->>7
~~
. , ~~~s.
~ ~
8. That Condition Nos. 3, 4, 5, and 6, above-mentioned, shall be complied with
prior to final building and zoning inspections.
9, That the sound level at the property lines abutting the residential properties
shall not exceed 65 dbA and the mechanical equipment shall be located within the
Control Room and away from said property lines, as stipulated to by the petitianer.
10. That, at the time oF street widening on East Street, the property owner(s)
shall relocate the three (3)-foot wide landscaped setback from adjacent to the existiny
right-of-way to the ultimate right-of-way as stipulated to by the petitioner.
THE FOREGOIPJG RESOLUTION is signed and approved by me this 9th day of June, 1975.
~
AIRMAN, ANA~~•IP CiT'r LANtdING COMMISSION
ATTEST:
~i~ ~ =~~~~,c~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, 5ecretary of the City Planning Commission of the Cit,y of
Anaheim, do hereby certiTy that~the for~going resolution was passed and adopted at a
meeting of the City Planning Commission of the City of Anaheim, held on June 9, 1975,
at 1:3~ p.m., by the following vote of the members thereof:
AYES: COMMISSIONERS: FARAPIO, GAUER, JOHNSON, KiNG, TOLAR, HERBST
NOES: COMM!SSIONERS: MONE
ABSEtJT: COMMISSI~NERS: MORLEY
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of June, 1,975.
~ ~~~~~~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSiON
-3-
RESOLUTION N0. PC75-117