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87-459 RESOLUTION NO. 87R-459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2945. 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 from RICHARD GARDNER~ 510 Bluemount Street~ Laguna Beach~ CA 92651 and MARY E. McRILL and ALICE JANE LAMBERT~ 121 E. Ponderosa Lane~ Anaheim~ CA 92802~ owner~ and PIERRE CES~ 385 Bayside Dr.~ Long Beach~ CA 90803~ agent~ upon certain real property located within the City of Anaheim~ County of Orange, State of California~ legally described as: ALL THAT CERTAIN LAND SITUATED IN THE COUNTY OF ORANGE~ STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE WESTERLY ONE-HALF WESTERLY (1/2) OF LOT TWENTY (20) AND ALL OF LOT TWENTY-ONE (21) OF "TRACT NO. 483, LA PALMA GARDENS"~ AS SHOWN ON A MAP RECORDED IN BOOK 17~ PAGE 30 OF MISCELLANEOUS MAPS~ RECORDS OF ORANGE COUNTY~ CALIFORNIA. LOT NINETEEN (19) AND THE EAST ONE-HALF (E 1/2) OF LOT TWENTY (20) OF TRACT NO. 483~ "LA PALMA GARDENS"~ IN THE COUNTY OF ORANGE~ STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 17~ AT PAGE 20, OF MISCELLANEOUS MAPS~ RECORDS OF SAID ORANGE 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 ifter due consideration of all evidence and reports offered at said hearing~ did adopt its Resolution No. PC87-l90 granted Conditional Use Permit No. 2945; and WHEREAS~ thereafter~ within the time prescribed by law~ 1n 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 11 .... 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, the action of the City Planning Commission granted said conditional use permit be, and the same is hereby, affirmed and that -2- ~ .. Conditional Use Permit No. 2945 be, and the same is hereby, granted permitting a self-service car wash facility on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.44.064.020 - Maximum width of vehicular accessway. l30 feet permItted; 35 feet proposed) subject to the following conditions: ...., 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along La Palma Avenue in an amount as determined by the City Counci 1. 2 . 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 determined by the City Council. 3 . That the owner/developer of subject property shall make a cash payment to the City of Anaheim for the cost of the removal of existing street improvements along La Palma Avenue and reconstruction/construction of full street improvements at the ultimate location. Said payment shall be made prior to issuance of a building permit. 4. That sidewalks shall be installed along La Palma Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; and 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 said improvements. Said security shall be posted with the City prior to issuance of a building permit, to guarantee the installation of the above-required improvements prior to commencement of the activity authorized by this resolution. 5 . That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer and that all waste water shall be properly disposed of on-site. 6. That subject property shall be served by underground utilities. i . That street lighting facilities along La Palma Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate of -3- ... 8 . 9. 10. 11. 12 . 13. 14 . 1 5 . '111 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 commencement of the activity authorized by this resolution. That prior to issuance of a building permit, the appropriate fees due for primary, secondary and fire protection shall be paid to the Water Utility Division by the owner/developer in accordance with Rules l5A and 20 of the Water Utility Rates~ Rules and Regulations. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer. That this Conditional Use Permit is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 87-88-13, now pending. That the driveway shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view~ and the sound buffered from adjacent residential properties. That the proposal shall comply with all signing requirements of the CL Zone, unless a variance allowing sign waivers is approved by the City Council~ Planning Commission or Zoning Administrator. -4- ...' . 16. 17. 18. 19. That any proposed parking area lighting fixtures adjacent to any residential property shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 7~ 8 and 10, 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. That prior to final building and zoning inspections, Condition Nos. 5, 6, 11, 13, 14, 16 and 17, above-mentioned, shall be complied with 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 3rd day of November 1987. NAHEIM "16~ ATTEST ~.. ~ /¡ 1 ""~~ CITY CLERK OF -r-HE CITY OF ANAHEIM I3G/jb 2116L 111887 .1 -5- .... . CLERK STÁTE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) ) SSe I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-459 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 3rd day of November, 1987, by the following vote of the members thereof: I\YES: COUNCIL MEMBßRS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None IiliSßNl' : COUNCIL MEMBERS: None Nil) 1 FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-459 on the 3rd day of November, 1987. IN wlfNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of November, 1987. \. ~'--) I /A--' () "'-. ' // \ r1 f~' . """.- Á-&v~",,- / ( <.-' " CITY CLERK OF THE CITY OF ANAHEIM ( SEAL) l~ LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-459 duly passed and ~dopted by the Anaheim City Council on November 3, 1987. '.' ,.')) ç-, Itf~~// ~\~ -, CITY CLERK OF THE CITY-OF ANAHEIM T' .,.