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Resolution-PC 94-28. ,c..:~,:a RESOLUTION NQ_? 4-2@ A RESQLUTION AF THE ANAHEIM C!TY WI.ANPlINCi COMMISSION 7HAT PETITION FOR CONDITIONAI. USE PE.RMIT NO. 3664 BE GHANTED WHER~AS, the Anaheim City Planning Comrnission did receive a veriiled Petition fur Conditional Use Permit for certain real property sltuated in the Cfty of An2holm, County of Orange, State of CAiI(ornia, described as: PAHCEL 4, IN THE CITY OF ANAMEIM, COUNTY UF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 30, PAGES 48 AND 49 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TH/1T F'ORTION OF ALLOTML'NTS IN D~GREE OF PARTITION vF THE RANCHd CANON UE SANTA ANA RE~DFRED IN CASE NO, 1978 GF THE 17TH JUDICIAL OISTRICT COURT OF CALIFORNIA, A CERTIFiED COPY OF WyICH WAS RECORDED FEBRUARY 8, 1874 IN BOOK ~8, PAGE 158 OF DEEDS IN 7HE OFFICE OF THE COUNT'Y RECORDER OF LOS ANGELES COUNTY, DESCRISED AS FOLLOW~: BEGINNING AT THE SOIITHWEST CORNER OF PARCEL 4 OF PARCEL MAP RECORDED IN BOOK 30, PAGES 48 AND 49 OF PARCEL MAPS, IN THE OFFICE OF ThIE COUNTY RECORDER OF ORANGE COUN'TY; THENCE EASTERLY A~.ONG TH~ SOUTHERLY LINE OF SAIQ PARCEL 4, NORTH 77 DEG. 25' 12" EAS7 81.61 FtET; THENCE NORTH 71 DEG, 59' 07" EAST aas.8a FEET; THENCE LEqVING SAID SOUTHERLY LINE, SOUTH 18 DEG. 00' S3" EAST 30.50 FEET; THENCE SAUTH 26 QEG. 59' 07" WEST 21.21 FEET; TI-IENCE SOUTH 7? DEG. 54' 53" WEST 60.09 FEET; THEfVCE SOUI'FI 31 DEG. 10' 37" WEST 37.89 FEET; THF.NCE SOU7H 75 DEG. 19' 10" WEST 162.50 FEET; THENCE SOUTH ?f3 DEG. 3li' 44" WEST 179.61 FEET; Th1ENrE NORTH 79 DEG. 2~' 46" WEST ?1,17 FEET; THENCE S~JU7H 87 DEG. 3~' 23" WEST 40.00 FEET; THENCE NORTH 62 DEG. 38' 05" WEST 37.86 FEET Td THE P~INT OF BEGINNING. WHEREAS, tho City Pl~nr!ing Commfssior~ did hold a pubilc'~earing at tha Civic Conter In the City of Anaheim on Febr~aary 23, 5994 at 1:30 p.m., notico af said public hearfng having beon duly fllven as requlred by law and in accordance with the provisions of the Anaheim Munfcipal Code, Chapter 18.Oa, to hear and consider evidenco for and against said proposec~ conditional use permlt and to fnvestfgato and make tindings and recommendations in connectlon tharewith; and WHEREAS, sii~i Comm(ssion, after due inspection, invastigation and study made by ftselF and in its behalf, and after due consideration of all evidence and reports offared at said hearfng, does iind and detormine tho foliowing facts: 1. That tha praposed use is properly one for whicl~ a conditional use permit is authorized by anaheim Munfcipal Cais Sectfons 18.44.050.080, 18.44.050.085 and 18.90.050.010 to ex,pand an oxisting car wash facility by ad~fi~fl a 1,375 sq.r. auto sorvice facllfty In tho Ftood Piafn Overlay Zone with waiver oi the following: (a) ti n t.48 4•063•n 1g - ir t~r I~vtback an~ r r ir men . (minirnum QQQt wide fully lands~apod setback r~quirod irorti the south praperty line (nrango CoianSy Flood Controi Oistrict easement]; n~,n_e to 1 i~gt pro~~osed) CR2025MS.WP -t . PC9~i-28 ~~ r , (b) SACtlon 1R.44,06t3 • Rgyuir~d site screeN~n. (6-foot high wall reyuired along south property Iino [residentially-zoned bicyclo traii and Orange County Flood Control Distr(ct oasement]; n~ proposed) 2, That there are special ci~~cumstances applicable to the property consi3ting of Its size, shape, tocation and surround(ngs, which do not apply to ather identically zoned praperties In the vicinity; 3. That strict appiication of the Zoning Code doprives the property of priviieges snJ~yed by othar propertles under identical zoninc~ claasification in the vicinity because the propeity includes a signlficant portion of an Orange County Flood Control Olstr!ct easement; 4. That the proposed uce is prope~ly one for which a cond(t(onal uso parmit is authorizecl by the Z~ning Code; 5. That the proposed use wlll not ~dversely affect the adJolning land uses and the growth ~nd develapment ~f tho ~roa fn which it is pruposed to bo located; 6. ThAt the size and shape of tl~o site for [hs nroposed use is adequate ta allow the full development of th~3 proposed use in a manner not detrimental to the parciciilar area nor to the peace, health, satoty, and flanoral welfare; 7. Tn~t the trAffic generated by tho Froposed usa wlll not imposo an undue burden upon the streets and highways desfgned and improved to ca~ry the traffia in the area; 8. That tl~e grantfng of the conditional use porrt-it undor the conditions imposed will not be detrimental to the peaae, health, snfety and general welfare of the cltizens of the City af Anahelm; and 9. That no one Indlcated their presenco at said public hearing in opposition; and that no correspondence was receivod In opposition to the subJoct petition. IF R IA~,NViRONMENTAL~.JALITY ACT FINDIN : That the Anaheim City Planning Commisslon has revlewed 4he proposal te reclassffy subJect property fram the RS-A-43,p00(SC)(FP) (Res~dentfal/Agricultural-Scenic Corridor Overla.y and Flooci Plain Overiay) Zone to the CL(SC)(FP)(Commercial, l.imi4ed-Scenic Corridor Overlay and Flood Plain Overlay) Zone to expand an existing r,ar wash facility by adding n 1,375 sq.ft. aulo servico facil(ty in the Flood Plaln Overlay Zone with walvers o! structural sotback and yard requ(rements and r9Gulred site screeninr~ on an irrec~ularly-shaped parcel of land consisting of approxfmately 1.31 acres, having a irontage oF approx(mately 575 feet on tho sa~~th side of La Palma Avenuo, having ~ maximum dopth of approximately 140 feet, bofng located appro;cimately i020 teet east of the centerllno of Imperial Highway and further described as 5810•5940 East La Palma Avanua; and does hereby approve the Negative Declaration upon ifnding that the daclaration reflects the independont judgement of the lead agency and that it has consldered the Mt~gative Declaratfan togother with any comments roceived durinfl the publfc review process ond further f(nding on the basls of the Initfal study and any comments recelved that thore is no substantlal evidence th2t the proJect wlll have a slgnfficant effect on the envlronrnent. NOW, TNEREFORE, BE IT RESOLVED that tho Anaheim Clty Planning Commiss(on does hereby grant subJect Petltlon for Condit(onal Jse Permlt, upan thu following condltlons whlch are hereby tound to be a necessary prerequlslte to t~~e praposecl use oi the subjQCt property In ordar to preserve the safety and genoral welfare of the Citlzens of the Clty of Anaheim: 1. That thfs Conditfonal Use Permlt Is grant~i subJect to adoptfon of a zoninq ordin^nce In connectlon ~v~th Reclassff(cat(on No. 93-94-06, now pendln9. -2- PC94•28 ~+~~''a ~~+a~ 2. That no a~rtomotfve datail work shell bo conducted on subJect property, unless a plan is flrst suk~mitted to Planning Commission tor roview and ~pproval as a Repoit and Hecommendation item, showing a locatfon that would not interfero wlth tha vehicular circulation. 3. That minimum fiite9n (15) gallan trees shall be planted on maximum twenty (20) iuat centors along the entire length of the Orange County Flood Control Distr(ct easement adJacant to RS-A-43,000(SG)(FP) Zoning. 4. That subJect automotivo services shall be Ilrnited to lube and oil chanpes. 5. That no signage shall be placed on subject proporty with th~ intent of ~dvertising towards the river trail. 6. That th~ ~ circialatfon onto, within and exitinc~ subJoct proparty shall bo approved by the City Tra'fic and Transp~~rtatlon Manager. Specific details pertaining to tho circulatlon shatl be shown on plans submiCied for building pormits. 7, 'fhat no banners or other advertising v(sible to La Palma Avenue or tha river trail sii~ll be displayed in tho service bays unless the petitioner (irst obtains a Special Event Pormit. ~3. That pr(or to appioval of a grading plan or prior to fssuance of a builclfng Nermit, whichover occurs first, the property owner shall submit a Water ~ual(ty Management Plan ~:^!OMP) spocifically idonti~ying besi management pract(ces that will be used oii-site to contrn! N;edict~!,le pollutants from storrnwatc~r run~ff. The WQMP shall be submitted 4o the Subd(vislon Section of the Pubifr, Works Dopa-tmert for rev(ow end approv~l. 9. That plans shail bo submitteci to tho City Traffic and Transportat(on Manager for lifs review and approval showing conformanco with the latast rovislon of Engfnoering Standard Plan Nos. 402 pert~afning to parking stendards and driveway locations. SubJect proporty shall thoroupon be developsd and malntained in conformance with sald plans. 10. That trash storage areas shall be prnvidecl and maintained fn location(s) acceptable to the Departmant of MafntenAnce and in accordance with approved plans on file with sald Department. Such Inf~rmation shall be spdciiically shown an tho plans subrnitted for buildinc~ permits. 11. That a plan sheet for solid waste storage and collection, and a plan tor recycling shall bo submitted to the Department of Maintenance for raviow and Approval. 12. That an on-site trash truck turn-around area shall be provldecJ and mafntained to the sAtisfactfon of the pepartment of Maintenance. Safd turn•around area shail be specitically shown on plans submitted tor building permits. 13. 7hat the lube and oii change structure shdll be set back a minimum of three (3) fo~t irom the Orange County Flood Cortro( Dlstrict sASement in order to allow space for a planting area wfth shrubs and vines to pravent graffftl opportunit(es. Plans submitted for building permits shall show these setback and landscaping requirements. 14. That subJect property shall be developed substant(al~y in accordance with plans and specificatfons submfttoci to the City of Anahe(m by the petltioner and whfch plans are on file with the Planninfl Cepartment markgd Exhibft Nos. 1 through 4. -3- PG94-28 . . ~:w„ 15, That prlor to Issuance of a builciing permit or wlthin a perlod of one (1) year frorn the d~te of thls resotution, whlchever occurs first, Condition Nos. 1, 6, 8, 9, ti0, 11, 12 and 13, above-mentioned, shall be compl(ed with. Extenslons for further tim~ to cornplete sald condition^ may be granted in mccord ~: with SACtion 18.03.090 oi tha AnahAlm Municipal Cade. 16. That prfor to ii~al buildinc~ and zoning inspections, Condlilon Noa. 3 and 14, abova-mentianed, shall be complied wfth. 17. That this conditlonal use pormit is vaiid only so long as there 13 a loase in efFect with the County of Orange. 18, That the lubo and oil change facility shall be an accessory uso to the car wasli. 19. That, If suto detaiiing Is to be rotained by the applicant, a revised plan shall be subrrdtted showing the auto detalling location. The auto detall canopy shall not exceed two riundrod (200) sq~~~re feot in size. 20. That approval of this appiic~tian constitutes approval of the proposRd requRSt only to the or.tent that ft complies with the Anaheim Municfpal Zonir,g Qode and any other applicable City, State and Fedoral regulatlans, Approval doos not include any action or findings as to compliance or approv~l of the requHSt regarding any otlier applicable ordinance, regulation or requirement. i3E 17 FURTMER RESOLVED that the Anaheirn City PlAnning Commissior daes hereby iind and determine that adoption of this Resolution (s expressly predicated upon appllcanYs compliance with each and ali of the canditfons hereinAbove set forth. Should any such condition, or any part ihereof, bo declared invalid or unenforceable by the final Judgmont of any court of competent ~urisdictian, then this Resolution, and Any approvals herein c~ntalnoci, shall ba deemRd null and vold. TH~ FOREGOING FlESOLUTION was adopted at the Planning Commission meeting of February 23, 1994. ~ i ~ ~ CHAIRMAPJ ANAHEIM TY PLAN G GOMMISSIOt3 A'fTEST; ~ ~~ CHEi'ARY, A~I EIM CITY PLANNING COMMISSION STATE OF C 1FORNIA ) CdUNTY OF ORANGE ) ss. CITY OF ANAh1EiM ) I, Janet L. Jensen, Secrotary of the Anahefm Cih~ Planning Commission, do hereby certify that tho foregoing resolution was peased and adopted ~i a meeting of the Anaheim City Planning Commission held on February 23, 1994, by tho foilowing vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, CAI.DWELL, HENNINGER, MAYER, MESSE, RERAZA NOES: COMMISSIONERS: NONE. ABSENT: COMMISSIONERS: TAIT IN WITNESS WH~REOF, I have hereunto set my hand this ~.~~ day of , 1994. ,7 .f e~.a -~ CRETARY, ANA E CIN PLANNING COMMISSION ,,s_ PC94-28