Resolution-PC 94-79:4 "~
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F~E~QLUTIQ!J NO. P~4-79
A RESOLUTIQN OF THE ANAHEIM CITY PUINNING COMMISSION
THAT PE7ITION FOR CONDITIONAL USE PERMIT N0. 369Q BE GRANTED
WHEREAS, the Anaholm City Planning Commission did recoive a verifiod Potltlon for
Conditfonal Use Perrnit for certain roal property situated In the City ot Anaheim, County of Orange, St~te
of Californla, dos~rihed as:
PARCFL t: THAT PORTION OF THE EAST HALF OF THE SOU'I'HWES7
OUARTER OF THE SOU7HEAS7 QUARTER OF SECTIQN 12, TOWNSHIP 4
S~UTH, RANGE 11 WEST, IN THE RANCIit~ LOS COY07ES, AS SAID SECTION
IS SHOWN ON 7HE MAP RECORDED IN BOOK 51, PAGE 11 OF
MISCELlANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
DESCRIBED AS FQLLOWS:
BEGINNING AT THE POINT ON TH~ SOUTH LINE OF SAID EAST FiALF nISTANT
NORTH 83 DEG. 40' 43" EAS7 255.82 FEET FROM 1'HE 50UTHWEST CORNER
THEREOF; THEtvCE NORl'I~ 0 DFG. 13' 0~" WE~7, PAFIALLEL WITH THE ~AST
LINE AF SAID WES7 HALF, 172.71 FEET 70 A NON-TANGEN7 CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 69.00 FEEf, A RADIAL
LINE OF uAID CURVE BEAFiS SOUTH 35 UGG, 38' 59" EAS7; T~IENCE
NORTHEASTERLY, ~LONG SAID CURVE, 7HRQUGH A CENI'RAL ANGL~ QF 26
DEr. 05' 48" A DISTANCE OF 31.43 FEE7; THENCE NORTH 89 D~G. 40' 43"
EAST, PARALIEL WITH SAID SOU7H LINE, 123.35 FEET TO THE ~VEST LINE OF
THE EAST 265.00 FFET OF SAID EAS7 HALF; THENCE SOUTH 0 DEG. t3' 03"
EAST, ALONG SAID WEST LINE, 196.00 FEEI' TO SAID S~JUTH LINF; 7HCNCE
SOIJTH 09 DEG. 40' 43" WEST ALONG SAID SOUTH LINE 144.00 FEET TO THE
POINT OF BEGIP~NING.
EXCEPT THE SqUTH 40.00 FEET THEREOF.
PARCEL 2: THAT PORTIOIJ OF THE EAST C1NE-HALF QF THE SOUTHWEST
~UARTER C~ THE SOUTNEASI QUARTER OF SECTION 12, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THF AANCHO L0~ COYOTES, AS SA~D SECTION
IS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE it OF
A4ISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AG
FOLLOWS;
BEGINNING A1' 1'HE NORTHERLY 7ERMINUS OF THE COURSE QESCRIBED AS,
"NORTH 0 DEG. 13' 03" WEST i%2.71 FEET" IN THE DESCRIPTION QF THE
EXCEPTION DESCRIBED THIRD FOR PARCEL 2 OF THE QEED TO FREDRICKS
DEVELOPMENT CORPORATION RECORDED SEPTEMBER 1, 1366 IN BOOK
8U38, PAGE 340 OF OFFICIAL RECORDS, REGORDS 0~ SAID COUNTY;
THENCE NOFlTH~ 0 DEG. 13' 03" WEST, ALONG TFIE NORTHEFLY
PROLONGATION ~F SAID COURSE, 23.29 FEET TO THE WESTEFiLY
PROLONGATION OF THE COURSE D~SCRIBED AS "NORTH 89 DEG. 40' 43'
EAST 123.35 FEET" IN SAI~ DESCRIPTIQN; "tHENC[ NORTH 89 DEG. ~l0' 43'
EAST 20.65 FEET TO THE NORTHEASI'ERLY TERMINUS OF THE CURVE
DESCRI6ED IN SAID DESCRIPTION AS B~ING CONCAVE NOr~THWESTERLY
AND HAVING A RAOIUS OF 69.00 FEEI', A RADIAL I.INE BEARS SQUTH E31 DEG.
44' 47" EAST; THENCE SOU7HWESTERLY, ALONG SAID CURVE, THHOUGH A
CEMTRAI. P.NGLE OF 26 DEG. 05' 48" A DISiANCF OF 31.43 FEET 70 7HE
I'OINT OF F3EGINNING.
PC94-79
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WHEREAS, the City Planning Commisslon did hold a public h~~ring at th~ Livlc Genter
fn the Cfty of Anahelm on June 13, 1~J94 at 1:30 p.m., notice of safd public heariny fiauin~ been duly given
as requlred by law and in eccordance with the provlsions of the Anttheim Municlpal Code, Chapter 18.03,
to heAr and consider ovldence tor and against sald propoaec~ condltional use permft and to investigate and
mako findfn~s and rocommendat(ons fn cunnectfon thorewith; and
WHEREAS, sald Commission, after due Inspection, Investigatlon and study made Uy ftsalf
and in fts behalf, and after due consideratiors of ali evidence and reporta offered at said h~~aring, does find
and detormino the following facts:
1. That the praposad use is properly one for whlch a conditlonal use permft Is authorized by
An~helm Municipal Caie Sectfons 'I B.44.050.000 and 18.44.050.085 to permit an automotive lubrlcatton and
tune-up facility and coln-operated car wash facitity with walver of the foilowing:
A. Sectian 18.44.068 - R~ulrod site screonina.
(~•foot high bl~k we~g,~ndscaned oarth@~, berm
~r combination th r required adJacent to ro3ldential
zone boundary; ¢-fQot high chalnlink tenc@
existing alonfl east property Ilne)
B. Section 1a.d4.063.040 - Minlmum landsr~p c~l setback adJ~rent tc~
~@sidential znne boundarv.
t f et required; ,~E~g propasod)
2. That waivor A Is hereby granted on the basis that there are special ciraumstances
appllcable to the property consEsting of its location and surroundings, whicti do not apply to other
identfcally zoned properties In the vfciniry because the ad)acent property to the east, althou~h zoned
residentialiy, is developed with a plant nursery located in a Southern CalfFornia Ediaon Co. easement undar
overhead electrical Iines; and
3. That waiver E3 Is hereby granted on the basis that there are special circum~,tances
applicable to the property consisting of its location and surround(ngs, which do not apply to other
Ident(cally zoned propertfes in the viciniry bacause the adJacent property to the nArthi, although zoned
residentially, is develoned with ~ driveway and carpons elong tho shared property Ilne; and
4. That strict application of the Zoning Code depr(ves the property of privileg~s onJoyed by
other propertles under (dentical zonfng classification in the vfcinity;
5. That the proposed use is properly one for which a condftional use pvrmit Is authorizatl by
the Zonin~ Code;
6. That the proposed uso will not adversoly aHoct the adjofnfng land uses and tM~e growth and
dovelopmunt of the area in which it is proposed to ba locatod;
7. That the size and shape of the sito for tho proposod use is adequate to ~Ilow the Ad:
devdlopment of the proposed use in a mannor not detrimental to the partlcular area nor to the peace,
liealth, safety and general welfare;
8. 'fhat the traHic generated by the proposai use wiil not fmposa an undue burden upon the
streets and h(ghways dos(gned and improv~d to carry the traFf(c in the arPa;
9. That tha gr~nting of the conditlonal use ~ermft under the conditlor,s fmposed will not be
detrimenial to the peace, healtti, safery and general weltare of the cftlzens of the C!ty of Anahelm; and
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10. That no one iridicated their presence at said public hearing in opposition; ~nd that na
correspondonce was recelvec'• In opposlt!on to the subJect petition.
CALIF RNIA EN\/IRONM~NTA~IALI ,~NDING: That the Anaheim Ciry Plar,ning
Commission has reviewed the ~roposal to pormit an automotivo lubrlaatlon and tund-up facllity and ooln-
operated ~ar wa~h facility with waivers of roquired sito screeninp and mirdmum Iandscaped setbar,k
adJacent ro e rosidantfal zone boundary on a rect~ngularlyshaped parcel of land conslsting of
approximately 0.51 acre having a frontage of approximately 144 feot an tlie north side of Lincoln Avenue,
having a maximum depth of Approximately 156 feot, belny locatad approximately 199 faet east of the
centerline of $yracuse Street, and furtlior described as 2731 West Lincoln Avonue.; and does heroby
approve the Negative Daclaration upon finding that the dec~Aration ro8ects the Indepen~ont Judpement of
the lead Agericy and that It has c~nsidored the Negative Dealaratlon together with any commante receivod
during the publlc r~view process and further finding on tlie basis of the 1i71tfal study and any comments
receivod that there is no substantial evidoncA that the pro)oct will have ~ signfficant effect on the
envirornrient.
yOW, THEREFORE, 6E IT RESOLVED that the Anaholm City Planning Commission does
hereby grant subject Petition (or Conditfanal Use Permit, upon the following conditions which are heroby
found to be a necc~ssary prerequisite to the proposed use o` the subJer,t property in ordsr to preserve thA
safety and goneral welfare of the Cit(zens of the City of Anaheim:
1. That the luba and tune buildinc~ shall be set baclc a minimum of three (3) feet fram the west praperty
I(ne and th~tt a minlmum 4hree (3) foot wide landscaped plantar shall be InstaHed along the entire
longth uf tha west property Ilne w!th the oxceptlon of the area adjacont to the trash anclosure.
2. Tliai a plan sheat for soild waste storago and ceilection, and a plan for recycling shall be submitted
to the Departmont of Ma(ntenance for review and approvai.
3. That the logal property own~r shall provfde th~ City of Anaheim with a ffve (5) toot wide public utility
easement along the north property line, as requlrad by tho ~lectrical Engineering Division.
4. That the appropr~~.a fees due (or primary water ma(ns shall be pald to the Water Enr.~ineerfng Oivision,
in accordance wi!h Rulns 15A and 20 of the Water Utility Rates, Rules and Regulatlons.
5. That prior to grading plan approval, the developer shall submit a water qualiry managemont plan
(WQMP) spocifically iclentifying the best managaR~ent practices which will be usod to control on site
predlctable pollutants from storm water runoff. Tha ~IVoMP shall be submitted to tiie Public Works
Department, Subdivfsion Soction, i~r review and approval.
f. That the (reestanding signage for subject tacility shall be Ilmited to the signayo sh~wn on Exhibit
No. 1.
7. That no bannors or other advertising shall be displayed within the service bays iscing the public
rfyht-of•way.
8. That no outdoor storac~e of, display of, ur work on v~hicles or vehfctalar parts shall be pennitted, that
all existfnfl outdoor d(splay and storage shall be removed, and that any axist(ng outdoor work shall
be terminatecf.
9. That subject property shall bo dc~veloped substantially fn accordance with plans and specf(Ications
submitted to the City of Anaheim by the petitfoner and whicli plans are on tiie with the Planning
Oepartment marked Exhibit No. 1 and 2.
10. That dense tree ptanting shall be provided aiong th~ western ed~e of the front landscaped setback
area tr~ further scroen the service ba;~s.
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11. That prlor to issuance af a building permit or withir. a perlod of one (1) year from the data of thls
resolutlon, ~vhichever occurs first, Condition No3. 2, 3 and 4, above-mentloned, shall be compllod
with, E~~tonslons for further time to complete said condftlons may be granted in accordance with
Sectlon ?tl.03,090 of the Anahelm Municipal Code.
12, That prior to final bullding and zoning inspections, Conditlon No. 1, 9 and 10, above•mentl~ned, shall
ba complled with.
13. That approval of this appl(cation constitutes approval of tho proposed roquest only to the extent that
It cornplies with the Anahefm Municipal Zonfng Code and any otf ~a~ applicable Ci2y, State and Feder~l
rogulatipns. Approval doos not include any actlon or findings as to complianco or approval of the
raquest regarding any other applicable ordfnanr,e, regulation or requirement.
BE IT FURTHER RE50LVED that the Anaheim Cfty Planning Commisslon does hereby find
and determfne that adoption of this Resolution is eapressly predicated upon appilcant's compllAnco with
each and all of the condltions hereinabove soi forth. Should Any such condition, or any part there~f, be
dactared Invalid or unen4orcoable by the final Judgment of any court of competent Jurlsdiction, then tt~is
Resolution, and any approvals h~refn cantalned, shall be deemed null and void.
THE FOFiEG01NG RESOLUTION was adopted at the Planning Commission meeting ot
June 13, 1994. ~ ~ ~--
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CHAIRMAN ANAHEI CITY I' NIiVC: COMMISSION
A1~'EST:
/ fQ~ ~GiILtJ Qv~~
CRCTARY, ANA F M CITY PLANNING COMMISSION
~
STATF OF CALIFORNIA )
COUN'fY OF ORANGE ) ss.
CITY QF ANAFiEIM )
I, Janet L. Jenson, Secretary of the Anaheim City Planning Commission, do hereby certify
that the f~regoing resolution was passed and adopted at a meeting of the Anahefm City Planning
Commiss(on held on Juna 13, 1994, by the followfng vote of tho members thereof:
AYES: COMMISSIONEHS: BOYDSTUN, CALDWELL, HENNINGER, MESSE, PERAZA, TAIT
NOES: COMMISSIUNERS: NUNE
ABSEN7: C~MMISSIUNERS: MAY~R
IN WITNESS WHEREqF, I have hereunto set my hand this ,~g~ day of
i,~,~ . , 1994.
G ~-
E RETARY, ANAH I "tY PLANNING COMMISSION
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