93-040 RESOLUTION NO. 93R-40
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3573.
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 2,070 sq. ft. car wash facility upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
THAT PORTION OF LOT 25 OF AN~qEIM EXTENSION, IN THE CITY
OF ANAHEIM, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM
HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF
LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS
RECORDED IN BOOK 3 PAGES 163 ET SEQ., ENTITLED "LOS
ANGELES COUNTY MAPS" IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE LAND
CONVEYED TO NAT TAYLOR AND SONS PLUMBING, INC., A
CORPORATION, BY DEED RECORDED IN BOOK 2791 PAGE 113,
OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 74 DEG. 33'
15" WEST ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY
LINE OF LAST MENTIONED LAND A DISTANCE OF 91.71 FEET TO
THE EAST LINE OF CLAUDINA PLACE AS SAID CLAUDINA PLACE IS
DESCRIBED IN AN EASEMENT DEED TO THE CITY OF ANAHEIM
RECORDED IN BOOK 5848 PAGE 316 OF OFFICIAL RECORDS OF
SAID COUNTY; THENCE SOUTH 0 DEG. 03' 00" EAST ALONG SAID
EAST LINE A DISTANCE OF 157.18 FEET TO THE BEGINNING OF A
CIRCULAR CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS
OF 15 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 90 DEG. 00' 00" AN ARC
DISTANCE OF 23.56 FEET TO THE NORTH LINE OF BALL ROAD
(106 FEET WIDE); THENCE NORTH 89 DEG. 57' 00" EAST ALONG
SAID NORTH LINE A DISTANCE OF 73.42 FEET TO THE WEST LINE
OF FIRST MENTIONED LAND; THENCE NORTH 0 DEG. 03' 00" WEST
ALONG SAID WEST LINE A DISTANCE OF 196.53 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. PC93-2 granting Conditional
Use Permit No. 3573; 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 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
consideration 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.
- 2 -
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated, that
Conditional Use Permit No. 3573 be, and the same is hereby, granted
permitting a 2,070 sq. ft. car wash facility on the hereinabove
described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
Section 18.61.063.011 - Minimum
structural
setback.
(50 feet from Ball Road required; 40 feet
to canopy proposed)
subject to the following conditions:
1. That the legal property owner shall irrevocably offer to
dedicate to the City of Anaheim an additional easement along
Ball Road, measured from the ultimate right-of way line at the
corner of the intersection of Anaheim Boulevard and Ball Road,
and varying in width from twelve (12) feet for the first three
hundred (300) feet and then transitioning from twelve (12)
feet to zero (0) feet for the next three hundred (300) feet.
Dedication shall include a fifteen (15) foot corner cut-off.
2. That a handicapped access ramp shall be constructed at the
corner of Ball Road and Claudina Place. The improvements
shall be completed prior to final building and zoning
inspections.
3. That the existing pole sign shall be removed in conjunction
with the Ball Road/Anaheim Boulevard Critical Intersection
widening (and upon thirty [30] day notice by the city of
Anaheim requiring such removal due to the pending widening).
The pole sign may be replaced only with a monument sign not to
exceed eight (8) feet in height. The removal of the pole sign
and replacement with a monument sign shall be done without
cost to the City of Anaheim.
4. That there shall be no automobile detailing on-site.
5. That all driveways shall be constructed with ten (10) foot
radius curb returns as required by the City Engineer in
conformance with Engineering Standard No. 137.
6. That an on-site trash truck turn around area shall be provided
in accordance with Engineering Standard Detail No. 610 and as
required by the Department of Maintenance. Said area shall be
shown on plans submitted for building permits.
7. That the design of the car wash tunnel shall be subject to
review and approval by the City Traffic and Transportation
Manager.
8. That a Plan Sheet for solid waste storage and collection, and
a plan for recycling shall be submitted to the Department of
Maintenance for review and approval.
9. That a sign program (consisting of all signage including all
price and guide signs) shall be submitted to the Zoning
Division, for review and approval by the Planning Commission
as a "Reports and Recommendations" item.
10. That the owner of subject property shall submit a letter to
the Zoning Division requesting termination of Conditional Use
Permit No. 599 (permitting a hofbrau with on-sale beer).
11. 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 No. 1
and Exhibit Nos. 2 and 3.
12. 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, 6, 7, 8, 9 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.
13. That prior to final building and zoning inspections, Condition
Nos. 2, 5 and 11, above-mentioned, shall be complied with.
14. That approval of this application constitutes approval of the
proposed request only to the extent that it complies 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 2nd day of March, 1993.
MAY R OF THE CITY~~OF ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
JLW:lm
345.01
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-40 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 2nd day of Mamh, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly
NOES: COUNCIL MEMBERS: Pickler
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-40 on the
3rd day of March, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 3rd day of March, 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-40 was duly passed and adopted by the City Council of the City of Anaheim on
March 2, 1993.
CITY CLERK OF THE CITY OF ANAHEIM