90-327 RESOLUTION NO. 90R-327
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3263.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a car wash facility in conjunction with an existing
service station upon certain real property located within the City
of Anaheim, County of Orange, State of California, legally
described as:
THOSE PORTIONS OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 4 SOUTH,
TANGENT 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING WITHIN LOTS 4 AND 5 OF
TRACT NO. 3396, IN SAID CITY, AS PER MAP RECORDED IN
BOOK 121, PAGES 8 AND 9 OF SAID MISCELLANEOUS MAPS,
DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST
QUARTER, AS SHOWN ON SAID MAP OF TRACT NO. 3396;
THENCE SOUTH 89° 42' 57" EAST 203.00 FEET ALONG THE
SOUTHERLY LINE OF SAID NORTHWEST QUARTER: THENCE NORTH
0° 02' 23" EAST 180.00 FEET PARALLEL WITH THE WESTERLY
LINE OF SAID SECTION; THENCE NORTH 89° 42' 5?" WEST
203.00 FEET TO THE WESTERLY LINE OF SAID SECTION;
THENCE SOUTH 0° 02' 23" WEST 180.00 FEET TO THE POINT
OF BEGINNING; 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. PC90-151 granting, in
part, Conditional Use Permit No. 3263; 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
CUP 3263
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located.
3. The size and shape of the site proposed for the use is
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.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
AND WHEREAS, the City Council does further 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 regarding said requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3263 be, and the same is hereby,
granted permitting a car wash facility in conjunction with an
existing service station on the hereinabove described real
property with a waiver of the following provisions of the Anaheim
Municipal Code:
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Sections 18.05.093.025 Permitted location of freestanding
and 18.44.067 signs. (59 and 60 feet from the
north and east property lines
required; 5 and 3 feet proposed)
Sections 18.05.093.021 Maximum number of freestanding signs.
and 18.44.067 (1 permitted for 297 of street
f~ontage; 3 proposed)
Sections 18.05.095.0251 - Minimum distance between freestanding
and 18.44.067 signs. (300 feet required; 135 and
200 feet proposed)
subject to the following conditions:
1. That a Lot Line Adjustment Plat shall be submitted to the
Subdivision Section and approved by the City Engineer and
then recorded in the Office of the Orange County Recorder to
adjust the north and east property lines to agree with the
property lines shown on the approved site plan.
2. That the legal owner of subject property shall acquire a
recorded unsubordinated covenant granting an access easement
from the legal property owner immediately north of subject
property for ingress and egress purposes to subject
property. Said easement shall be designed in a manner
satisfactory to the City Traffic Engineer and said covenant
shall be in a form satisfactory to the City Attorney. A
copy of the recorded covenant shall be submitted to the
Zoning Division.
3. That prior to final building and zoning inspections,
broad-headed trees of a minimum size of fifteen (1S) gallons
shall be provided in minimum four [4) by four (4) foot tree
wells planted on maximum twenty [20) foot centers along the
interior site boundary lines. Such trees shall be protected
by minimum six [6) inch high concrete curbs and shall be
maintained with permanent irrigation facilities, as required
by Code Section 18.87.050.072 [landscaping adjacent to
interior boundaries). Such provisions shall be specifically
shown on plans submitted for building permits.
4. That prior to issuance of a building permit, the appropriate
traffic signal assessment fee shall be paid to the City of
Anaheim in an amount as established by City Council
resolution.
5. That the existing most westerly driveway on Romneya Drive
shall be removed and replaced with standard curb, gutter,
sidewalk and landscaping.
6. That plans shall be submitted to the Traffic Engineer for
his review and approval showing conformance with Engineering
Standard Plan Nos. 436 and 602 pertaining to parking
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standards. Subject property shall thereupon be developed
and maintained in conformance with said plans.
7. That the remaining three (3) driveways shall be
reconstructed to accommodate minimum fifteen (15) foot
radius curb returns in conformance with Engineering Standard
No. 137. Existing broken or cracked driveways shall be
removed and replaced as required by the City Engineer.
8. That trash storage areas shall be provided and maintained in
a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans on
file with said Division. Such information shall be
specifically shown on the plans submitted for building
permits. No parking shall be permitted in front of the
trash storage area access.
9. That a fee for street lighting purposes shall be paid to the
City of Anaheim based on the length of street frontage along
Romneya Drive in an amount as established by City Council
resolution.
10. That street lighting facilities along Euclid Street shall be
installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of the
Utilities General Manager; or that security in the form of a
bond, certificate of deposit, letter of credit, or cash, in
an amount and form satisfactory to the City of Anaheim,
shall be posted with the City to guarantee the satisfactory
completion of the above-mentioned improvements. Said
security shall be posted with the City of Anaheim prior to
issuance of a building permit. The above-required
improvements shall be installed prior to occupancy.
11. That subject property shall be served by underground
utilities.
12. That drainage of subject property shall be provided in a
manner satisfactory to the City Engineer. In addition, the
method for accommodating all waste water produced by subject
car wash shall be designed for on-site disposal.
15. That during business hours of operation of subject facility,
separate men's and women's restrooms shall be available to
the public, and shall be properly supplied and maintained.
Said facilities shall be clearly shown on the plans
submitted for building permits.
14. That an unsubordinated recorded agreement shall be provided
to the Zoning Division agreeing to remove the service
station structures in the event that the station is closed
for a period of twelve (12) consecutive months, in
conformance with Anaheim Municipal Code Section
18.44.050.070 (automobile service stations). A service
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station shall be considered closed during any month in which
it is open for less than fifteen (1S) days.
1S. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view. Such information shall be specifically shown on the
plans submitted for building permits.
16. That plans shall be submitted to the Building Division
showing compliance with the minimum standards of the City of
Anaheim, including the Uniform Building, Plumbing,
Electrical, Mechanical and Fire Codes as adopted by the City
of Anaheim. The appropriate permits shall be obtained for
any necessary work.
17. That all plumbing or other similar pipes and fixtures
located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate
building materials; and, further, such information shall be
specifically shown on the plans submitted for building
permits.
18. That no outdoor storage of, display of, or work on vehicles
or vehicular parts shall be permitted.
19. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
20. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Revision No. 1 of
Exhibit Nos. 1 through S, and Exhibit Nos. 6 and 7;
provided, however, that the monument sign shall be located
outside the "line-of-sight triangle" at the corner of
Romneya and Euclid Street [said triangle having minimum
twenty-five (25) foot "legs" along Romneya and Euclid
Streets, as required by the City Traffic Engineer to
maintain adequate lines-of-sight).
21. That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 8, 9,
10, and 12 through 17, above-mentioned, shall be complied
with. Extensions for further time to complete said
conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
22. That prior to final building and zoning inspections,
Condition Nos. 3, 5, ?, 10, 11 and 21, above-mentioned,
shall be complied with.
23. That approval of this application constitutes approval of
the proposed request only to the extent that it complies
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with the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approval
does not include any action or findings as to compliance or
approval of the request regarding any other applicable
ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the City Council does
hereby find and determine that adoption of this Resolution is
expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such
conditions, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 21st day of August, 1990.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:kh
3885L
090690
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STATE OF CALIFO~IA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONO~ N. SOHL, City Clerk of ~e City of Anaheim, do hereby certi~ that
the foregoing Resolution No. 90R-327 was introduced and adopted at a regular
meeting provided by law, of ~e City Council of the City of Anaheim held on
the 21st day of August, 1990, by the following vote of ~e members ~ereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Ka~ood
ABSENT: COUNCIL MEMBERS: None
AND I ~RTHER certi~ that the Mayor of ~e City of Anaheim signed said
Resolution No. 90R-327 on the 13~ day of September, 1990.
IN WITNESS MEREOF, I have hereunto set my hand and affixed the seal of ~e
City of An~eim this 13~ d~ of September, 1990.
CITY CLE~ OF THE CI~ 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. 90R-327, duly passed and
adopted by the Anaheim City Council on August 21, 1990.
CITY CLERK OF THE CITY OF ANAHEIM