96-059 RESOLUTION NO. 96R-59
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3820.
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 full service car wash, auto detailing and lubrication
facility upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
THAT PORTION OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 12, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
S.B.B. & M. DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER LINE INTERSECTION OF
ANAHEIM-OLIVE ROAD AND SUNKIST STREET, THENCE
NORTH 0 DEG. 01' 19" EAST ALONG THE CENTER LINE OF
SUNKIST STREET, 218.23 FEET; THENCE EASTERLY ALONG
A LINE AS MEASURED AT RIGHT ANGLES SOUTH 88 DEG.
58' 41" RIGHT ANGLES SOUTH 01 DEG. 01' 19" WEST
ALONG A LINE PARALLEL TO AND 222.35 FEET EASTERLY
OF SUNKIST STREET, 261.27 FEET TO THE CENTER LINE
OF ANAHEIM-OLIVE STREET; THENCE NORTH 78 DEG. 01'
24" WEST ALONG THE CENTER LINE OF ANAHEIM-OLIVE
ROAD, 226.48 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. PC96-27 granting
Conditional Use Permit No. 3820; 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.
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 granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 3820 be, and the same is hereby,
granted permitting a full service car wash, auto detailing and
lubrication facility on the hereinabove described real property
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with a waiver of the following provisions of the Anaheim
Municipal Code:
(a) Section 18.44.063.040 - Minimum structural setback and
yard requirements.
(10-foot wide landscaped
setback abutting residential
zone boundaries with 18 trees
required; 1 to 5-foot wide
setback abutting RM-1200
zoning to the north and east
with 6 trees proposed)
(b) Section 18.44.068 - Required site screening.
(6-foot high masonry wall,
earthen berm, or combination
thereof abutting residential
zone boundary to north and
east required; none proposed)
subject to the following conditions:
1. That an eight (8) foot high masonry block wall shall be
constructed along the east property line at the extreme
northeast corner of the property to replace the existing
combination masonry/wood fence located between the existing
carport structures, and that all gaps or holes in the
existing masonry or carport walls shall be filled or
otherwise repaired.
2. That low pressure air compressor hoses may be used to dry
cars at the wash tunnel exit; provided, however, that
sound pressure levels shall not exceed the levels permitted
in Chapter 6.70 "Sound Pressure Levels."
3. That the vacuum and dryer equipment shall be entirely
enclosed in the equipment room, and that the doors to the
equipment room shall be solid core construction and equipped
with self-closing devices.
4. That the car wash system shall include the Desert Car Wash
Systems Noise Reduction Package, or other equally or more
effective noise reduction package, as recommended in the
acoustical analysis for the proposed facility prepared by
Richard Colia of Colia Acoustical Consultants and dated
December 18, 1995.
5. That all paging systems shall be located on building
elevations facing away from adjacent residential properties.
6. That any parking lot or security lighting shall be low
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intensity and directed away from adjacent residential
properties.
7. That the property owner/developer shall landscape and
permanently maintain that unimproved portion of the ultimate
public right-of-way along Lincoln Avenue located immediately
adjacent to the subject property until such time as the
permanent public improvements to the right-of-way are
completed.
8. That fast growing clinging vines shall be planted and
permanently maintained around the perimeter of the trash
enclosure to discourage graffiti and to provide adequate
screening of the enclosure. Vines shall not be less than
one (1) gallon in size at the time of planting and shall not
be spaced more than three (3) feet apart on-centers.
9. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 525 (to
establish a service station) to the Zoning Division.
10. That a minimum (3) foot wide landscaped berm shall be
incorporated into the landscaped setbacks adjacent to
Lincoln Avenue and Sunkist Street. Said landscaped setbacks
shall also be planted with minimum fifteen (15) gallon trees
with not less than one (1) tree for each twenty (20) linear
feet of street frontage, in compliance with Code Section
18.04.060.
11. 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.
12. That any proposed freestanding sign on subject property
shall be a monument-type not exceeding eight (8) feet in
height and shall be subject to the review and approval of
the city Traffic and Transportation Manager to determine
adequate lines-of-sight prior to construction.
13. That the proposal shall comply with all signing requirements
of the CL "Commercial, Limited" Zone unless a variance
allowing sign waivers is first approved by the City Council,
Planning Commission or Zoning Administrator.
14. That the subject automobile lube/oil change facility shall
be limited to lube and oil change services only.
15. 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. Such shielding shall be specifically shown on
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the plans submitted for building permits.
16. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the latest revisions of Engineering
Standard Plan Nos. 436 and 601 pertaining to parking
standards and driveway locations for commercial uses.
Subject property shall thereupon be developed and maintained
in conformance with said plans.
17. That the proposed driveway on Sunkist Street shall be
constructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with
Engineering Standards.
18. That the legal property owner shall irrevocably offer to
dedicate to the City of Anaheim an easement sixty (60) feet
in width from the centerline of the street along Lincoln
Avenue for street widening purposes. In addition, the legal
property owner shall irrevocably offer to dedicate a corner
cutoff for access ramping in accordance with City Standard
Detail No. 124 and Anaheim Municipal Code Section
18.04.080.010.
19. That the developer shall submit a water quality management
plan (WQMP) specifically identifying the best management
practices that will be used on-site to control predictable
pollutants from stormwater runoff. The WQMP shall be
submitted to the Public Works Department, Development
Services Division, for review and approval.
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.
21. That the northern driveway on Sunkist Street shall be
marked, posted and maintained as an "entrance only"
driveway.
22. That the southerly driveway on Sunkist Street shall be
marked, posted and maintained as an "exit only" driveway.
23. That both driveways on Sunkist Street shall be marked,
posted and maintained so as to prohibit left turns onto
Sunkist Avenue by vehicles exiting the subject property.
24. 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. 9, 15, 16, 18 and 19,
above-mentioned, shall be complied with. Extensions for
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further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal
Code.
25. That prior to final building and zoning inspections,
Condition Nos. 1, 3, 4, 5, 6, 7, 8, 10, 17, 20, 21, 22, 23
and 26, herein-mentioned, shall be complied with.
26. That the carport walls along the north and east property
lines shall be screened with landscape screening including
trellis and vines.
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 23rd day of April, 1996.
MAYOR OF THE CITY~OF ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
0018775.01
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. 96R-59 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 23rd day of Apdl, 1996, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL: Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: Feldhaus
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-59
on the 23rd day of Apdl, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 23rd day of Apdl, 1996.
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. 96R-59 was duly passed and adopted by the City Council of the City of
Anaheim on Apd123rd, 1996.
CITY CLERK OF THE CITY OF ANAHEIM