RES-8106 Denying Conditional Use Permit No. 1961-92RESOLUTION NO. 8106
A RESOLUTION OF THE CITY COUNCIL OF TKE
CITY OF ORANGE UPHOLDING THE RECOMMENDA-
TION OF THE PLANNING COMMISSION OF TKE
CITY OF ORANGE AND DENYING A CONDITIONAL
USE PERMIT TO ALLOW CONSTRUCTION OF A
SELF-SERVICE CAR WASH IN THE M-
2 ZONE UPON PROPERTY SITUATED AT
TKE NORTHEAST CORNER OP BATAVIA STREET AND
TAFT AVENUE.CONDITIONAL USE
PERMIT 1961-92
APPLICANT:
MANUEL RUBIO RECITALS:After report thereon by the Planning
commission and after due public hearings as required by law, and
after receiving a recommendation from the Planning
commission, recommending, by Resolution No. PC-50-92, that
Conditional Use Permit 1961-92 be denied to allow construction of a
self-serve car wash in the M-2 zone upon
property situated at the northeast corner of Batavia street
and Taft Avenue, the city council considered Conditional Use Permit
1961-92 and determined that the recommendation of the
Planning commission should be upheld and Conditional Use
Permit 1961-92 be
denied. Subject property is more particularly described on Exhibit "
A".During
the public hearing, the City council found the following facts:1.
The applicant is proposing the construction of a self serve car
wash in the M-2 (Industrial District) zone. Car
washes are similar in character to automotive sales and
service facilities,and therefore may be considered by Conditional Use
Permit.2. The subject property is located in an
industrial area surrounded by a mixture of existing commercial,
office and industrial uses, and is currently used for growing strawberries.The proposed
car wash consists of 7 covered wash bays with 8 open vacuum/drying
stalls, and is to be open 24 hours a day.
The facility is to be self served utilizing
coin operated equipment.The facility will be unattended at most times.
3. At their regularly scheduled public meetings of April 8, June
17, and July 22, 1992, the Design Review Board reviewed the proposed
project and has expressed concern as to whether or not a self
serve car wash is an appropriate use for this corner
site,since this is a prominent arterial street intersection. The DRB
noted the quality of some of the recent developments in
the vicinity, and that this project should be
designed to be consistent with the contemporary architectural styles of
low profile as possible, and that an abundance of landscaping
should be provided for screening. The DRB also suggested that
the vacuum/drying area should be left opened.
4. The DRB worked with the applicant to accomplish the
following:
A.
height,
keeping
Reduced the mass of the building by lowering its overall
and changing the design to a more contemporary style in
with the surroundings.
B. Shifted the driveway approach along Taft Avenue further
east and reduced its width to 30 ft., thereby increasing the
landscaping area.
C. Deleted the canopy over the vacuum/drying area to allow
for open stalls.
5. The DRB took action to recommend approval of the project to
the Planning Commission, subject to a final submittal of the
building elevations and landscaping plans to the DRB, prior to
issuance of building permits.
All the improvements as suggested by the DRB have been
incorporated in the revised plans submitted to the Planning
Commission.)
6. At their regularly scheduled public hearing on August 17,
1992, the Planning Commission took action to deny the project for
the following reason:
1. That based on the construction of recent new industrial
developments in the surrounding area, the establishment of a
self serve car wash would be under utilizing the full
potential of the subject property.
7. The applicant is appealing the Planning commission's decision
for denial for the following reasons:
1. There is a definite need in the community for the
proposed use, and it will enhance the aesthetics of area in
which it is located.
2. The subject property is relatively small in size, and
since the adjacent properties are already fully developed,
it is unlikely that this parcel can be consolidated to be
further developed to its highest and best use at this time.
NOW, THEREFORE, BE IT RESOLVED by the city council of the
city of Orange that Conditional Use Permit 1961-92 be denied
for the following
reason:1. That based on the construction of recent new
industrial developments in the surrounding area, the establishment of
a Reso No. 8106
self serve car wash would be under utilizing the full
potential of the subject property.
ADOPTED this 10th day of November
1Jt tvd1:i 5Y (hw", /41/
ci y Clerk of t~ C~y of Orange
ATTEST:
I hereby certify that the foregoing Resolution was duly and
regularly adopted by the City Council of the city of orange at a
regular meeting thereof held on the 10th of November ,1992,
by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
MAYOR BEYER, COONTZ, SPURGEON
STEINER, BARRERA
NONE
Ci~~~/~heR:~
SSH:dg 3-Reso No. 8106
WHEN RECORDED, PLEASE MAil THIS
INSTRUMENT TO 85--276150
EXHIBIT RECORDED IN OFFICIAL
RECORDS OF ORANGE COUNTYCALIFOANlAManuel
Rubio 1574 Batavia
114 Orange CA 92667 1 !>! PM JUl26 '
85 Order
NoEscro..., No I $,
500 /
C6 r-.r:. a '>~ ;
COu",EU~
Df~SPACE ABOVE FOR RECOROER'~ USE 0""1.-'0'
loan No.
Full Reconvevance
t(g~1rELDORADOBANK, a California Corp.
duly Appointed Trustee under tht- follOWing described deed of trust.
TRUSTOR MANUEL L. RUBIO AND DORA M. RUBIO, husband and wife as joint tenants
Pecmded March 29, 1984 . as InSlr No. 84-
130073 page of OffICialRecord!. In the office of the Recorder
of ulid deed of trust describes the followmgpropert'
t'.in
book Orange
County;PArcel 3 in the City of Orange, County of Orange, State of California,
according to the Parcel Map filed in book 55, Page 38 of Parcel Maps, in the Office of
the County Recorder of Said
County.Aka: Vacant lot, corner Taft and Batavia, O;
anget"ldvlng oeen requested In wfltlng. by the holder of the obligation secured by said deed 01 trust, to reconvey the estate granted
to trustee under said deed of trust. DOES HE RE BY RECONVE Y to the person or persons legally entitled thereto. Without warranty.
all the estate, title, and mterest aCQUired by Uustet under said deed of tru~
t.O.ned Julv 23.
1985 Eld r ~o }l";9kJ a
California ByriJ/'U'
U 8y ~ y---.:--,-S.";: \\\1) L '"U-...
Corp.
SVP
Charles Moore, VP
AH O~ CAUFORI\;'.A
COll"J1yor ORAN~
0,.., 111TL ?~. lQRc;
T ~ THArK~Rv ANn rHAR1FS
l!lCL"J~RESlllENL *
MOORF
belOrr' me, the undersigned.. NOI.rv PUbliC m and lOr laid Slate,
known to me to be the SF:NTOR VTC:F.
personallv IIPPured
PreslOtnl, and
ilnown to me to be
i (,; 1!"It' COrporationthat executed the wlthm tnltrumenl, known to me to be th,. persons who ('_('cvled the Wlln,!"l 1"'>~Hurr.{'
nl 0" bf'h.M 01 tht co'porill ('~, mer!", named, .nd .cknowledged to me that such corporation e.eculed Ihe Wlthlf,! lr'lHrumentpursuantto ill by I.....!
or Ii reSOlut.on ot Its boald 01 r: teton WITNESS m: :
7nd 1'.
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