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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 ~