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PC 83-96. r.~.,, RESOLUTION NO. PC83-•96 A RESOLUTION OF TFIE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2440 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from SHELL OIL COMPANY, P.G. Box 4848, Anaheim, California 92803, owner, & STANLEY LEE, 5300 Orange Avenue, #ZZ1, Cypress, California 90630, agent of. certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE WEST 135.00 PEET OF THE EAST 190.00 FEET OF THE SOUTH 175.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 11~ TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEI:7, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS [4APS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COU[1TY. EXCEPT THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORllED JUNE 10, 1952 IN BOOK 2340 PAGE 453 OF OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 16, 1983, at 1:30 p.m., notice of said public hearing h-,ving been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and TAHEREAS, said Commission, after due inspection, investigation anc7 study made by itself and in its behalf, and 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 conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.080 to wit: to permit a car wash in an existing service station. 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. 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 manner not detrimental to the particular arpa nor to the peace, health, safety and qeneral welfare of the Citizens of the City of Anaheim. 4. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 5. That the traffic aenerated by the proposed use will not impose an und~e burden upon the streets and highways designed and improved to carry the traffic in the area. #0634I PC83-96 .•~ 6. That no one indicated their presence at said public hearing in opposition; and that ~~o correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Plannin~ Commission has reviewed the proposal to permit a car wash in an existinq service station on a rectangularly-shaped parcel of land consisting of approximately 0.41 acce located at tiie northwest corner of Lincoln Avenue and Beach Boulevard, and further described as 101 North Beach Boulevard; and does hereby approve the Negative Declaration from the requiremenL- to prepare an environmental impact report on the basis that there would be no significant individual ot cumulative adverse enviconmer~al impact due to the approval of this Negative Declaration since the Anaheirn General Plan designates the subject property for general commercial land uses commensurates with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitl•pd by the petitioner indicates no significant individual or cumulati.ve adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on f.ile in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which ace hereby found to be a necessary prerequisite to the proposed use of the subject property in crder to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Lincoln Avenue and Beach Boulevard in an amount as determined by the City Council. 2. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Lincoln Avanue and Beach Boulevard in an amount as determined by the City Council. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 9. That subject prQperty shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked EXhibit No. 1. 5. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1 and 2, above-menCioned, shall be complied with. Extensions for further time to ccmplete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 6. That prior to final building and zoning inspections, Condition Nos. 3, and 4, above-mentioned, shall be cemplied ivith. -2' PC83-96 BE IT FURTHER RESOLVED that the Anaheim City Planninc Commission does hereby f.ind and determine that adoption of this Resolution is expressly predicated upon applicant'e compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 16th day of May, 1983. /~ ~ ~ CHAIRMA PRU TEMPORE ANAHEI CITY PLANNING COMMISSION ATTEST• . ~~ ~ ~~~~~ SECRETARY, ANAHEI[~I CITY PLANNING COFIMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commi~sion held on May 16, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUP.S~ HERBST~ KING, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT; COI~IIQISSIOtdnRS: BUSHQRE, FP.Y, LT. CLF.IP.E IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of May, 1983. ~~~ ,~ ~ ~4lQ.t .~ ~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION _3_ PC83-96