93-154 RESOLUTION NO. 93R-154
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3592.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit self-service car wash facility in conjunction within an
existing commercial retail center on certain real property situated
in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL D IN THE CITY OF ANAHEIM, AS PER MAP FILED IN BOOK
33, PAGE 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC93-45 denying Conditional
Use Permit No. 3592; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did hold and conduct such public hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, and did consider the
same; and
WHEREAS, the City Council does find, after careful
consideration of the action of the City Planning Commission and all
evidence and reports offered at said public hearing before the City
Council, that all of the conditions and criteria set forth in
Section 18.03.030.030 of the Anaheim Municipal Code are not present
for the following reasons:
1. That the proposed use will adversely affect the adjoining
land uses and the growth and development of the area in which it is
proposed to be located because:
(a) the proposed use is located immediately contiguous
to, and northerly of, a residential neighborhood composed of
existing single-family homes;
(b) the proposed use would generate noise and traffic
incompatible with the adjacent residential uses;
(c) the proposed landscaping and block wall between the
proposed use and the adjacent residential uses would be
inadequate to protect the peaceful and quiet enjoyment of the
residential homes southerly of the proposed use.
2. That the size and shape of the site proposed for the use
is not adequate to allow the full development of the proposed use
in a manner not detrimental to the particular area nor to the
peace, health, safety, and general welfare because:
(a) the proposed use would be located within 30 to 40
feet of the single-family residential zone boundary to the
south; and
(b) the proposed use would be conducted in five car-wash
bays consisting of partially enclosed structures which would
only partially buffer the noise from such uses; and
(c) the proposed use by its nature can involve detail or
repair work conducted on the property outside the car-wash
bays which would generate noise not buffered from the adjacent
residential uses.
3. That the granting of the conditional use permit would be
detrimental to the peace, health, safety, and general welfare of
the citizens of the City of Anaheim for the reasons set forth in
paragraphs 1 and 2 above.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the action of the city Planning Commission
denying said conditional use permit be, and the same is hereby,
affirmed for the reasons hereinabove specified, and that the
request of said applicant to permit a self-service car wash
facility in conjunction within an existing commercial retail center
on the hereinabove described real property be, and the same is
hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of Section
1.12.100 of the Anaheim Municipal Code and the time within which
judicial review of final decisions must be sought is governed by
the provisions of Section 1094.6 of the Code of civil Procedure and
Anaheim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 13th day of July, 1993.
F THE CITY ~ ANAHEIM
ATTES~
/J
CITY CLERK OF THE CITY OF A~kHEIM
2728.1\JWH~TE\Ju~y 15, 199~ -- 2 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 93R-154 was Introduced and adopted at a regular meeting provided by law, of the Anahe,im City Council
held on the 13th day of July, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Duly
NOES: COUNCIL MEMBERS: Simpson
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-154 on
the 14th day of July, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 14th day of July, 1993.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 93R-154 was duly passed and adopted by the City Council of the City of Anaheim on
July 13, 1993.
CITY CLERK OF THE CITY OF ANAHEIM