PC 78-72fE50LUTI0N N0. PC78-72
A RESOLUTION OF THE ANAHEIM CITY PLANNING LOMMISS~ON
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 1819 BE GRANTED
WHEREAS, the Anahetm City Planning Canmtsston did receive a vertfted
Petitlon for Condttlonal Use Permit from MAX AND RUTH 8. GATOV~ 5620 Naples Canal,
Long Beach, California, 90803, owncrs, and MEIL DE RUYTER, 530 Colgate Street~
AnaheTm, Cal(fornia 92801, agent, of certain reat property situated in the Clty of
Anaheim, County of Orange, S[ate of California, ~escribed as:
THAT PORTION OF TtIE WEST HALF OF THE ~IORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP
4 SOUTH, RANGE 10 WEST. IN THE CITY OF ANAHEIM, COUNTY OF ORANGE.
STATE OF CAl1FORNiA. AS PEft MAP RECORD'tD IN BOOK 51 PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER 0~ SAID
COUNTY~ DESCRIBED AS FOLLOWS: BEGINN111G AT THE NORTHE~ST CORNER
OF SAID WEST HALF; THENCE SOUTH 0° Q7° 36" EAST. 66.01 FEET;
THENCE SOUTH 88~ 58' 00" 1JE5T 30.00 FEET TO THE TRUE POINT OF
BEGINNING; TFiENCE SOUTH 0° 07' 36" EAST 278.00 FEET; THENCE SOUTN
88° 58' 00" WEST 163.98 FEET; THENCE NORTH 0° 07' S4" WEST, 278.00
FEET; THENCE NORTH 88° 58' 00" EAST 164.00 FEET TO THE TRUE POINT
OF BEGINNING. EXCEP7 ALL OIL. GAS~ MINERALS~ AND ANY OTHER
fiYDRQCARBON SUBSTANCES LYING BELOW A DEPTH Of 500 FEET, BUT
NITNOUT THE RIGHT TO USE TME 5URFACE OR THAT PORITON OF THE
SUBSl1RFACE LYING ABbVE THE DEPTH OF 500 FEET BELOW TtIE SUP,FALE.
WHEREAS~ the Llcy Planning Cammission did hold a public hearing at the Ctty
Hall in the Ct[y of Anaheim on April 10, 1978~ at 1:30 p.m., notice of said pubiic
hearing havtng been duly given as required by law and in accordance with the
provtstons of the Anaheim Hunicipal Code, Chapter 18.03. to hear and consider
evldence for and agatnst sald proposed conditlonal use and to inves2lgate and make
findings a~d recommendatlons In connectlon [herewith; and
41HEREAS, said Commission, after due inspection~ i~vestigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at sald hearing, dces ftnd and determine the foiloriing facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Sectlon 18.44.050.080 to Hit: To
expand an extsting car wash with walvers of:
a. SECTION i8.G4.062.011 - Haximum structural hel h[.
0 eet permitted; i- ~t proposed)
b. SECTION 18.44.OG3.040 - Mtnimum stde yarcl setback.
10 eet requtred; no~e proposed)
2. That the proposed use (s hereby granted subJect to the condition that
Ghere will only be one 40-foot wtde access driveway onto Lincoln Avenue and it will
be locaLed approximately at [he center of the subJect property frontage on Lincoln
Avenue; said access driveway locatlon to be subject to the approval of the Traff(c
Engineer.
PC78-72
3. That the requested waiver (a) is hereby granted on the basis that on
April 13, 1978. a zoning code amendment will become effective and will delete the
height restriction adJacent to single-family residenttal structures wfiich have been
placed unde~ a resolution of tntent to cortmercial zoniny, and~ therefore, said waiver
will no longer be necessary.
4. That the requested waiver (b) is hereby granted on the basis tha[ the
"wash bays" will be abutting RS-A-43,OOU property on the west property line and said
property is under a resolutlon of intent to CL (Commercial, Limited) Zoning~ and that
when said zoning becomes effective, the waiver would no longer be necessary.
5. That the proposed use will not adversely affect the adjoining land uses
and the growth and development of the area in which tt Is proposed [o be located.
6. That the size and shape of [he site proposed for the use Ts adequate to
allow thc full development of the proposed use i~ a manncr not detrimental ro [he
partTcular area nor to the peace~ health, safety. and general welfare of the Citizens
of the City of Anaheim.
7, That the granting of the Conditional Use Permit unde~ [he conditions
Imposed. tf any~ will not be detrimental to the peace, health, safety and generai
welfare of the Citizens of the Ci[y of Anaheim.
8. That no one indicated thelr presence at said public hearing in
opposition; and that no correspondence Nas received tn opposltion to the subject
petition.
ENVIRONMEN7AL IMPACT FINDING: The Planning Director or his authorized
representat(ve has determined that the proposed proJect falts within the defi~ition
of Categortcat Excmp[ions. Llasses 1 and 3. as defined In Paragraph 2 of the City of
Anaheim Envtronmental lmpace Repor[ Guldelines and Is. therefore~ categorically
exempt from the ~equirement to prepare an EIR.
NOW, THEREFORE. BE IT ttE50LVED that the Anahetm City PlannTng Commission
does hereby grant subJect Petition for Conditional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subJect property tn o~der to preserve [he safe[y and ge~eral welfare of the
Citfzens of the City of Anaheim:
1, That the ormer(s) of subJect property shall pay to the City of Anaheim
the sum of 53.50 per front foot along Lincoln Avenue for s[reet lighting purposas.
2. That subJect property shall be developed substantTally in accordance
with plans and specificatto~s on flle with the City of Anaheim marked Exhtbit Nos. 1
and 2; provided, however, that there shall be only one 40-foot Nide access drTveway
on[o Lincoln Avenue tocated approximately (n the center of the subJect property
frontage on LTncoln Avenue~ and that sald access driveway locatlon shall be subJect
to the approval of the Traffic Engineer.
3. That Londition No. 1~ above-mentioned~ shall be complied with prlor to
the commencement of the activlty authorized under this resolution, or priar to the
time that the bullding permit is lssued~ or within a perlod of one year from date
hereofi~ Nhichever occurs first~ or such further time as the Planning CommissTon may
grani.
-2- PC78-72
4. That Condition No. 2, above-mentioned, shall be complied with prlor to
final buiiding and zoning inspectlons.
THE FOREGOING RESOLUTION is signed and approved by me this 10th day of
Aprtl, 1978.
~~~~o~' C.~ G-~
~IR~tAN, ANANEIN LI Y LANNING COMMISSION
ATTEST:
~d~-~ ~ /^~6L{~t.o..
SECRE~ARY, ANAHEIN CITY PLANNING COMHISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ~
i, Edith L. Harris, Secretary of the Anaheim Lity Planning Commission, do
hereby certify that the foregoing resolutton was passed and adopted at a meeting of
the Anahelm City Plannino Commisston held on Apr(1 10, 1978, at 1:30 p.m.. by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES, DAVID, HERBST, JONNSON~ KING~ LINN, TOLAR
NOES: COMHISSIONERS: NONE
ABSENT: COHMISSIONEP,S: NONE
IN uITNESS WHEREOF~ 1 have hereunto sat my hand chis l0th day of April,
1978.
~ ~(,GL .t • r~K&,(ti;,,
SECP.ETARY. ANAHEIM LiTY PLAN~IING COMIMI55ION
-3- Pc78-7z
~