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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: -2- CUP 3263 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 -3- CUP 3263 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 -4- CUP 3263 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 -5- CUP 3263 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 -6- CUP 3263 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