94-079 RESOLUTION NO. 94R-79
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3667.
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 (1) an automobile lube/oil change facility (2,652 sq.ft.)
on Parcel No. 1 adjacent Brookhurst Street and (2) a full-service
hand car wash with a related retail sales area (2,224 sq.ft.) and a
self-serve automated exterior car wash (1,656 sq.ft.) on Parcel No.
2 adjacent Lincoln Avenue and Brookhurst Street upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, IN
TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO
BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 7
AND RUNNING THENCE SOUTH 89 DEG. 34' 20" WEST 531
FEET TO THE CENTER LINE OF KATHRYN DRIVE AS SHOWN
ON TRACT 1633 AS PER MAP FILED IN BOOK 47, PAGE 50
OF MISCELLANEOUS MAPS OF SAID COUNTY; THENCE NORTH
0 DEG. 16' 10" WEST ALONG SAID CENTER LINE 325.50
FEET TO THE INTERSECTION OF THE CENTERLINE OF THE
50 FOOT STREET, SHOWN AS RANCHITO STREET UPON THE
MAP OF SAID TRACT; THENCE NORTH 89 DEG. 36' 20"
EAST ALONG THE CENTER LINE OF SAID RANCHITO STREET
258 FEET; THENCE NORTH 78 DEG. 45' 25" EAST 50.00
FEET TO THE MOST SOUTHERLY CORNER OF LOT 44 OF SAID
TRACT 1633; THENCE NORTH 78 DEG. 45' 25" EAST 81.79
FEET ALONG THE SOUTHERLY LINE OF SAID LOT 44 TO THE
SOUTHWEST CORNER OF LOT 45 OF TRACT 1633; THENCE
NORTH 89 DEG. 41' 30" EAST 144.00 FEET ALONG THE
SOUTH LINE OF SAID LOT 45 AND THE EASTERLY
EXTENSION THEREOF TO THE EAST LINE OF SAID SECTION
7; THENCE SOUTH 0 DEG. 16' 40" WEST ALONG SAID EAST
LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE EAST 190 FEET OF THE SOUTH
190 FEET, MEASURED ALONG THE SOUTH LINE THEREOF.
ALSO EXCEPTING THEREFROM THE SOUTH 40 FEET THEREOF
AS DEEDED TO THE STATE OF CALIFORNIA BY DEED
RECORDED JUNE 22, 1956 IN BOOK 3558 PAGE 160 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE WEST 150 FEET OF SAID
LAND AS DESCRIBED IN THE DEED TO CITIZENS NATIONAL
BANK IN THE DEED RECORDED JANUARY 25, 1962 IN BOOK
5987 PAGE 404 OF OFFICIAL RECORDS; 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. PC94-38 granting, in part,
Conditional Use Permit No. 3667; 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:
6968.1\J%4HITE\May 11, 1994 -- 2 --
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. 3667 be, and the same is hereby, granted
permitting (1) an automobile lube/oil change facility (2,652
sq.ft.) on Parcel No. 1 adjacent Brookhurst Street and (2) a full-
service hand car wash with a related retail sales area (2,224
sq.ft.) and a self-serve automated exterior car wash (1,656 sq.ft.)
on Parcel No. 2 adjacent Lincoln Avenue and Brookhurst Street on
the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
(a) Section 18.44.063.040 - Minimum landscaped setback
adjacent to residential
zones.
(10 feet required; 8 feet
proposed)
(b) Section 18.44.064.030 - Permitted encroachments.
(Maximum 36-inch hiqh
screen wall permitted in
setback adjacent to
Ranchito Street;
6-foot hiqh block wall
proposed)
subject to the following conditions:
1. That this conditional use permit is granted subject to
adoption of a zoning ordinance in connection with
Reclassification No. 93-94-07, now pending.
2. That the existing center driveway on Lincoln Avenue and the
two southerly driveways on Brookhurst Street shall be removed
and replaced with curb, gutter and sidewalk in accordance
with standard plans on file in the office of the city
Engineer. A Right-of-way Construction Permit shall be
obtained from the Subdivision Section of the Public Works
Department.
3. That prior to approval of grading plan or prior to issuance
of a building permit, whichever occurs first, the developer
shall submit a water quality management plan (WQMP)
specifically identifying Best Management Practices that will
be used on site to control predictable pollutants from
stormwater runoff. The WQMP shall be submitted to the
6968.1\JWHITE\Ma¥ 11, 1994 3
Subdivision Section of the Public Works Department for review
and approval.
4. That trash storage areas shall be provided and maintained in
a location acceptable to the Department of Maintenance and
in accordance with approved plans on file with said
Department. Such information shall be specifically shown on
the plans submitted for building permits.
5. 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.
6. That an on-site trash truck turn-around area shall be
provided and maintained to the satisfaction of the Department
of Maintenance. Said turn-around area shall be specifically
shown on plans submitted for building permits.
7. That the applicant shall obtain all necessary permits from
the Fire Department for storage and/or use of hazardous
materials.
8. That the legal owner of subject property shall provide the
city of Anaheim with a five (5) foot wide public utility
easement along the west property line as required by the
Electrical Engineering Division.
9. That the water back flow equipment and any other large water
system equipment shall be installed to the satisfaction of
the Water Engineering Division in either (a) underground
vaults or (b) behind the building setback line, in a manner
fully screened from all public streets and alleys.
10. That the legal owner of the subject property shall
irrevocably offer to dedicate to the City of Anaheim an
easement twenty (20) feet in width for water service mains
and/or an easement of ten (10) feet by eighteen (18) feet for
large meters or firelines, as required by the Water
Engineering Division.
11. That the proposed sign adjacent to Brookhurst Street shall
not exceed eight (8) feet in height. All freestanding
signage shall be subject to the review and approval of the
City Traffic and Transportation Manager to determine adequate
lines-of-sight and to verify compliance with Engineering
Standard No. 137.
12. That landscaping and irrigation shall be installed and
maintained on both sides of the block wall adjacent to
Ranchito Street.
13. That interior signage (signage inside a building or similar
structure) including "car wash menu" signage shall not exceed
the height of the surrounding block wall.
6968.1\JWHITE\May 11, 1994 4
14. That a four (4) foot high hedge shall be planted adjacent to
Brookhurst Street in addition to required trees, subject to
the prior review and approval of the City Traffic and
Transportation Manager for conformance with Engineering
Standard No. 137 pertaining to line-of-sight requirements.
15. That subject automobile lube/oil change facility on Parcel
No. 1 shall be limited to lube and oil change services.
16. That no banners or other advertising visible to adjacent
streets shall be displayed inside the car wash tunnels or
service bays unless a special events permit is first
obtained.
17. That parking spaces to dry cars shall be provided in the car
wash area.
18. That the driveways on Brookhurst Street and Lincoln Avenue
shall be reconstructed to accommodate ten (10) foot radius
curb returns in conformance with Engineering Department
Standard No. 137.
19. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the latest revision of Engineering Standard
Plan No. 436 pertaining to parking standards and driveway
locations. subject property shall thereupon be developed and
maintained in conformance with said plans.
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 Exhibit Nos. 1 through
10; provided, however, that:
(a) A minimum eight (8) foot landscaped setback shall be
provided along the easterly eighty four (84) feet of the
north property line abutting RS-A-43,000 zoning which
fronts on Brookhurst Street; and
(b) An averaqe ten (10) foot landscaped setback shall be
provided along the westerly eighty four and one half
(84.5) feet of the north property line abutting RS-7200
zoning which fronts on Ranchito Street, beginning with a
minimum eight (8) foot setback at the easterly end of
said eighty four and one half (84.5) feet.
21. That a covenant shall be recorded with the office of the
Orange County Recorder to guarantee that both Parcel Nos. 1
and 2 shall be managed and maintained as one (1) integral
parcel for purposes of parking, vehicular circulation,
signage, maintenance, land usage and architectural control;
and that the covenant shall be referenced in all deeds
transferring all or any part of the interest in the property.
Prior to recordation said covenant shall be reviewed and
approved by the city Attorney. Following recordation a copy
6968,1\JWHITE\May 11, 1994 - 5 --
of the covenant shall be submitted to the Planning
Department.
22. That an acoustical sound study shall be conducted on subject
property to demonstrate that noise generated by the proposed
uses will not exceed what is permitted by the city's noise
ordinance.
23. That a sign program shall be submitted to the Planning
Commission as a Reports and Recommendations item for review
and approval.
24. That an unsubordinated reciprocal access and parking
agreement, in a form satisfactory to the city Attorney, shall
be recorded with the Office of the Orange County Recorder.
A copy of the recorded agreement shall be submitted to the
Zoning Division.
25. 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, 4, 5, 6, 8, 10, 19,
21, 22, 23 and 24, 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. Extensions for further time to
complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
26. That prior to commencement of the activity authorized by this
resolution, Condition Nos. 2, 9, 12, 14, 17, 18 and 20,
above-mentioned, shall be complied with.
27. 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.
6968.1\J%4HITE\May 11, 1994 -- 6 --
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 10th day of May, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:lm
- 7 -
6968.1\J%4HITE\May 11, 1994
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. 94R-79 was introduced and adopted at a regular meeting provided by law, of the Anaheim City
Council held on the 10th day of May, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Daly
NQES: CQUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler, Hunter
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-79
on the 11th day of May, 1994.
IN WITNESS WHEREOF, ~ have hereunto set my hand and affixed the official seal of the City of
Anaheim this 11th day of May, 1994.
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. 94R-79 was duly passed and adopted by the City Council of the City of
Anaheim on May 10, 1994.
CITY CLERK OF THE CITY OF ANAHEIM