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PC 76-2~ RESOLUTIOfI N0. PC76-2 A RESOLU7ION ~F TNE CITY PLA~atdIilG C04414ISSIOtJ OF TIIE CITY OF APlAti~IM 7NAT PETITIO(J FOR CONUITIO~IAL'USE PERMIT IJO. '15II3. BE GRAWTEG. ldhIEREAS, the City Planning Comm~ission of the City of Anaheim did rPceive a verified Petitiori for Conditional Use Permit from EETTY t4C LEOD, et ~1, 5:01 Paradise Vaew Road, Yucca Valley, California 922°4 (~wner); THE BUBRLE FiACi~il'~IE, I~~C., c/o Jerald Alford, 4500 Campus Drive, Ne~vport Beach, Cal•ifornia 92fi6a and THE BUQI3LE J~IACNINE, ?PJC., c/o Thomas C. Thatcher, 44 I+lontgomery Street, San Francisco, Cali#ornia 94104 (Agents) of certain real property situated in the City of Anaheim; Coun~y of Orange, State of Cal~ifornia descrsbed as follo~•+s: All ihat certain land situated in the 5tat~a o` California, County of Orange, described as fol~oa~s: The Worth 200 feet of the Ylest 200 feet of the ~dorthwest quarter of tne Northw2s`c quarter of tl,e Plort'~west quarter of the Plorthwest quarter of Section ?2, Township 4 South, Range 10 l~lest, in the Rancho San Juan Cajon de Santa Ana, as sho~~+n on a map recorded in book 51, page 10 of Miscellaneous "taps, records of Oranqe County, California. LdtIERcAS, the City Planning Commission did schedule a public hearina at Hhe City Hal't in the City of Anaheim on November 24, 1975, at 1:30 p.m., notice of said public hearing having been duly giv~n as required b,Y lav+ ar~d in accordance ~oith the provisions of the Anaheim Plunicipal Code, Chapter li?.0~, to hear and consider evidecace for and against said oroposed conditional use and to inves~igate and make findi~e,s ar,d recomnendations in connection there~+ith; said public hearing havim~ been continued t~ the Planning Commission meeting of January 5, ].9i6; ar;d WHEItEAS, said Cornmission, after due inspection, investigation and study made by itself and in its behalf, and a"ter due consideration of all evidence and renorts offered at saicl hearing, does find and determine the following facts: 1. That th•e proposed ~se is properly one for which a conditional use permit is authorized b,~ Cade Section 18.48.05~.040 and 18e48.050.055, to wit: permit an a~~to~~ matic carwash w~th gasolyne sales, with i~+a9v~r of; SECTIOfd 18.Rt3.0G3.010 -~~linimum landsca ed setback. (10 feet requ red; 3 eet propose Z, That ~the ai~owedm~ntioned waiver is M~arebv grantzd on the basis that the pet9tioner demonstrated ti;,ati a fiax,~s~ip would be creatied if said ~vaiver were no,t granted, due to the size of the sub~ect pronerts~~. 3. That the Planning Commission~does hereby grant ~t~he nrooosed use ~aith hours of operati~n from 7:00 a.m, to 8:OQ p.m., said hours being f+~r a trial operating period ~f six months, as s~ipul~ted to by the pet9tioner, fo11ow9ng ~ahich time the pet9tioner may subr~tt a written request fi~or additionaa hours of operation which the Planning Commis~ion may grant ir it is detennined the use has not been detrimental to the adjacent pron~rty and no complaints or objections have been received from 2djacent property o~•~ners. 4, 7hat the petitioner stipulated to constructin~ a four-foot wide, unlandscaped median in 41est Street for the ~ull 7ength of the sub~ect property, :»ing a~proximately 150 feet. said median to prevent left turns into or out of.the subject property fron l~Jest Street, and being sub~ect to the a~pwoval of the City 7raffic Engineer. 5. That the peti+,ioner stipulated that the trash storage are.as wil] be pr•~,.9ded in accordancp with the requirements ~f the Ctty of .Anah2im. 6. That the pet9tioner stipulated that the sound generated by the oroposed use o~F the property shall not exceed 65 dba at the pra;oerty lines and stipulated to submittin9 proof, ~rior to the issuar~ce of building permits, that said requirements will be complie~ with. 7, 7hat the proposed ~:se, a~ granted, wili not adversely affec± the ad,jpining land uses and the growtt, ~~d deae]opment of the area in which it is proposed to be located. RESOLUTIOP~ NC: PC76-2 II. Tha't ttie ~e and shape of the site pronose~for ~the use, as granted, 9s a~dequate to allow t~~e full development in a manner not d~tr9men*.a7 t~ the narticular area nor to the peace, health, safety and ~eneral we2`are of the Citizens of the Cdty of Anahe~m. 9, 7hat ~he Canditional Use Permit as gr~nted and ur.d~r the conditions imposed, will mot be detrimentel ta the peace, health~ safety, and general welfare af the Cikfze~s ofi the City af Anaheim. 10. That one (1) person apneared at sa3d public hearing irr onposition; and r.o corres~~ndence was received in opposition to subaect netitior. EWVIRONFIEN7AL It•iPACT Ft-i:PORT FI~~UING: That 'tfie ~naheim City Planning Comm~ssian does hereby recc~mmend to the City Council of t.he City of Anaheim that the subject project be sxempt from the requiremen~t to prepare an environmental ir~pact report, ~ursuant to the provisions of the California Environmental Quality Act. i~OW, THEREFORE, BE IT RESOLV~D that tye Anahein City Plannin~, Cor~mission does hereby grant subject Petition for Conditional Use Permit, upon the follot~iinn conditions which are hereby ~Found to be a neCessary orerPr~uislte to the nroposed us~ of the subject property in order to Preserve the safety an~ general welfare of the Citizens of the City of Anaheim: ~. That the owner(s) of subject oroperty shell deed to the City of Anahetim andt53pfee'~li~d~vidtl efromnthedcenterl~neeofetl ersEreetf alongS4~a11~Roadn9 ~~est S.~t; eet 2. That street ligfiting facilities alon9 llest ~treet and Da]1 Ro~d shall be installtd as required by the Director of Public Utilit9es, and in a~cord~ance with standard plans and specifications on file tn the Office af the D?rector of Pub~ic 'Jt:lities; :nd that a bond 9n an amount and form satisfactory to th~z Ci~y of Maheim shall, be posted with the City to guarantee the installation of ~;he above-mentioned requirements. 3, 7hat the owner(s) of se:~bject property shatl pay to the~ Ci'ty o` Anahei:n the sum of GO cents per front foot along West 'Street ~nd aall Road for tree ~r'la,iting purpases. ~, 7hat trash storage areas shail be ~rovided in accordan~e with approvec~ plans on f11e w~th the Office of the Director of Public 1Jorks. as stipulated to by the pet9tioner. 5, 7h~t fire hydrants sha11 be installed and charg~~i as required ar.~ determined to be necessary by the Cfiief of the Fire DeRartment, pr~or to commencement • of structural framing. 6. Tha~ sub~ect property shall be served by underground u~i'lities. 7, That this Condition.al Use Perm3t 1s granted s~abject to t'he ~om~letion o~ Reclassification No. 66-67=b1, noYr pending. a, That a four-foot w9de, unTandscaped median shall be constructed in ldest Street for the full length of the subject property, be9n~ apnroxim~tely 150 feet, a:• stipulated to by the petitioner, and said median shall be subject to the annrova3 tif the City Traffic Engineer. 9. That the proposed use shr,ll comnly with tihe Code stiandards for sound attenuation, the socmd generated by the sub3ECt use nat to exceed 65 dha at ~he proryerty lines, and the petttioner shall submit proof priar to the~issuance of building permits that said standards will be met, as stipulat~d to by the petitioner. 10. That subject property shall be develn~ed substantially in accordance with ;plans and soecifications on file ~rith the C~ty of Anahe;~n marked ~xhibit tdos. i, 2, ana 3. 11. That Condition Nos. 2, 2, 3, and 7, above-mer~tione~d, shall be complied with prior to the commencement of the activity author~zed under this resolution, or prior to the time that the buildin9 permit is issued, ot~ within a period of one y~ar from d•ate hereof, wh.ichever occurs first, or suG" further tine as the Planntng Comr~isison and/or City Councal may grant. _p_ RESOLUTIDP! N0. PC76-2 12. That Cond~ on t~os. 4, 6, C, and 30, above-~ment9~~ed, sha11 be complie~ with prior to final Uuildin9 and zoning inspections. 13. That the hours o~F aperation for the nronosed use shall be from 7:0~ a.m. to 8:00 p.m. for a trial operating neriod o~ six months, fol~owinn v~Mich tine the petitioner may submit a viritten r~quest for additdonal hours of operation~ti•+hich the Planning Commissian may 9rant if it is deternined the use has not been detrimental to the adjacent properties and no complaints or ob~ections have been received fs•om adjacent pro~erty owners. THE FOREGOIi1G RES~LUTIOt~ is si9ned and apnroved by ~e triis 5th day o~ January, 197G. n / ~~ J r ~ I CH I~r•~ fi, ~I HE ~ L tlP~ t~ 5~J ATTEST: ~~ ; ~ ~ .~.,~~ sE E , r~ i~E ~'"~A'r ~~ ~ 6'fi~ r~ S7ATE UF CALIFO~I•~IA ) COUPITY OF ORAt~GE )ss. CITY OF AtJAHEIi1 ) i, Patricia D. Scanlan, Secretary of t'he City Planning Cocrnission of the City of Anaheim, do hereby ~ertify that the foregoing resolution wa's passed a~nd adopted at a meeting of the City Planr,'ng Commission of the City nf A-~aheim, heid on Jznuary 5, 197G, at 1:30 p.m., by the follu:•~ing vote of the members thereof: AYES: COIIIIISSIOtlERS: BARP~cS, fIERBST., 1:I~G, TOLAR, PiORLEY NOES: CQ(~P•1ISSIOPaEf;S: t~Di1F: A[3SEtIT; COMMISSIOPlERS: tJOtJ~ l~BSTAIII: COMFIISSIOPJERS: ~(DH,tsor~, FARAr1o IN 4JITt~~SS IJNEREOF, I have hereunto set my hand this 5th day of January, 7976. ANANEII+1 CITY PLAP~f1I(JG GOr~1r~~s~tur~ SECRETARY, _3_ RESOLUTION t10. PC76-2