RES-1989-180RESOLUTION NO. 89R-180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3109.
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
from SHELL OIL COMPANY, Attn: R.H. Meyers, Sr., 511 N. Brookhurst
Street, Anaheim, CA 92803, owner and WSECO, Attn: P. KUMAR, 536 W.
Arrow Highway, Suite 208, Covina, CA 91722, agent, to permit a
convenience market with gasoline sales, fast-food service and
off-sale beer and wine, upon certain real property located within
the City of Anaheim, County of Orange, State of California, legally
described as:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK
17 PAGE 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; 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. PC89-87 denting
Conditional Use Permit No. 3109; 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 ali 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.
GRNTG CUP 3109
2. The proposed use will not adversely affect the adjoin-
ing 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
18.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. The variance(s) will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance(s) under the conditions
imposed will not be detrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim·
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3109 be, and the same is hereby,
granted permitting a convenience market with gasoline sales,
fast-food service and off-sale beer and wine, on the hereinabove
described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
SECTION 18.06.050.0225
18.06.080
AND 18.48.066.050
Minimum number of
parking spaces.
(17 required; 15 pro-
posed)
subject to the following conditions:
I ·
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.
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·
·
·
That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land 81
feet in width from the centerline of the street along Ball
Road for street widening purposes.
That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim, an additional strip
of land twelve (12) feet in width along Harbor Boulevard
including a Z5 foot radius corner return.
That a faithful performance bond in an amount approved by the
City Engineer shall be posted with the City of Anaheim prior
to issuance of a building permit to guarantee the removal of
existing street improvements along Ball Road and Harbor
Boulevard and reconstruction/construction of full street
improvements at the ultimate location when required by the
City Engineer.
That all driveways shall be constructed with ten (10) foot
radius curb returns as required by the City Engineer.
That, for safe sight visibility, any signage at the southeast
corner o£ subject property shall be setback as required by
the City Traffic Engineer.
That as required by the Uniform Fire Code, the following
minimum standards shall apply:
a ·
That dispensing devices shall be located a minimum
distance of ten (10) feet from any property line and so
located that all parts of a vehicle being serviced will
be on private property.
b ·
That dispensing devices shall be located not less than
ten (10) feet from any building which is not fire
resistive construction. Such devices shall also be
located so that the nozzle, when hose is fully extended,
will not reach within five (S) feet of any building
opening.
C ·
That dispensing devices shall be protected against
physical damage from vehicles by mounting on a concrete
island a minimum of six (6) inches in height. Alternate
methods of providing equivalent protection may be
permitted when approved by the City Fire Department.
d ·
That dispensing of gasoline into the fuel tank or into a
container shall at all times be under the supervision of
a qualified attendant.
e ·
That the attendants primary function shall be to
supervise, observe and control the dispensing of
gasoline.
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GRNTG CUP 5109
f ·
g·
h ·
That the dispensing of gasoline shall not be into
portable containers unless such containers are of
approved material and construction, having a tight
closure with screwed or spring cover, so designed that
the contents can be dispensed without spilling·
That it shall be the attendant's responsibility to
control sources of ignition and immediately handle
accidental spills and fire extinguishers if necessary.
That emergency controls shall be installed at a location
acceptable to the City Fire Department, but controls
shall not be more than one-hundred (100) feet from
dispensers.
i ·
That instructions for the operation of dispensers shall
be conspicuously posted.
j .
k ·
·
That remote preset-type devices shall be in the "off"
position while not in use so the dispenser cannot be
activated without the knowledge of the attendant,
That the dispensing device shall be in clear view of the
attendant at ail times and no obstacles shall be placed
between the dispensing devices and the attendant.
That the attendant shall at ali times be able to
communicate with persons in the dispensing area via a
two-way speaker system·
·
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.
·
That subject property shall be served by underground
utilities.
10. That a parking plan indicating compliance with City parking
lot design standards shall be submitted to and approved by
the City Traffic Engineer.
11. That during hours of operation of subject facility, separate
men's and women's restrooms shall be available to th'e public
and shall be properly supplied and maintained.
12. That in conformance with Anaheim Municipal Code Section
18.48.050.055, a 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. A service station
shall be considered closed during any month in which it is
open for less than fifteen (15) days.
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GRNTG CUP 5109
15. That in compliance with Anaheim Municipal Code Section
18.87.025.020 the off-sale of beer and wine shall be subject
to the following:
a ·
An inventory of retail sales items (not including beer,
wine, fuel or automotive products) exceeding $10,000.00
shall be maintained on the site;
b ·
Receipts from the sale of beer and wine shall not exceed
thirty-five percent (55%) of all retail sales during any
12-month period;
C ·
No display of beer or wine shall be located outside of a
building or within five feet of any public entrance to a
building;
d ·
The area of beer or wine displays shall not exceed
twenty-five percent (25%) of the total display area in a
building;
e ·
Cold beer or wine having a temperature below 65°
Fahrenheit shall only be sold from or displayed in
permanently affixed coolers for the cooling and storage
of all refrigerated products;
No advertising of beer or wine shall be located, placed
or attached to any location outside of the interior of
the building and any such advertising shall not be
visible to anyone outside o£ the building;
g. No video, electronic, or other games shall be permitted;
h ·
Sale of alcoholic beverages shall be made to customers
only when the customer is in the building;
i ·
No person under 21 years of age shall sell nor be
permitted to sell any beer or wine;
j ·
At least one sign to discourage driving a vehicle while
under the influence of drugs or alcoholic beverages
shall be prominently displayed in the building for every
three signs advertising beer or wine; provided, however,
that at least two such signs to discourage driving a
vehicle while under the influence of drugs or alcoholic
beverages shall be prominently displayed in the building;
k ·
The operator of the service station shall participate
in, aid and support educational and other programs
intended to reduce driving while under the influence of
drugs or alcoholic beverages.
14. That all air conditioning facilities and other r,oof and
ground mounted equipment shall be properly shielded from view.
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GRNTG CUP 5109
15. That the proposal shall comply with all signing requirements
o£ the CR "Commercial Recreational" Zone, unless a variance
allowing sign waivers is approved by the City Council,
Planning Commission or Zoning Administrator.
16. That a six (6)-foot high masonry block wall shall be
constructed and maintained along the West property line
excepting the front setback where the wall height shall not
exceed three (3) feet.
17. That building plans shall show that any proposed parking area
lighting fixtures adjacent to any residential property shall
be down-lighted with a maximum height of twelve (12) feet.
Said lighting fixtures shall be directed away from adjacent
residential property lines to protect the residential
integrity of the area.
18. That minimum 15-gallon trees planted on minimum 20-foot
centers, with appropriate irrigation facilities, shall be
installed and maintained within the north and west property
line planters.
19. That the on-site landscaping shall be maintained in
compliance with City standards.
20. That the owner of subject property shall submit a letter
requesting termination of Variance No. 3282 and Conditional
Use Permit No. 761 to the Zoning Division.
21. That subject property shall be developed substantially in
accordance with plans and specifications on file with City o£
Anaheim marked Revision No. 2 of Exhibit No. 1 and Exhibit
No. 3; provided, however, that the freestanding signage shall
be limited to a monument-type sign (a pole sign shall be
prohibited), which monument sign shall be located in
conformance with Condition No. 6, herein.
22. That the legal owner of subject property shall provide the
City of Anaheim with an agreement, in a form approved by the
City Attorney, wherein such owner agrees to remove the
monument sign (discussed in Condition Nos. 6 and 21, herein)
at his/here expense if such removal is required by the City
of Anaheim as a result o£ amendment to the Anaheim Municipal
Code modifying permitted business signage in the CR
"Commercial Recreation" Zone (for instance, to limit the size
of such signs). Said agreement shall be recorded in the
Office of the Orange County Recorder and a copy of the
recorded agreement shall then be submitted to the Zoning
Division.
25. That prior to issuance of a building permit, or within a
period of one year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 10, 12,
17, Z0, and 22, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may
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be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
Z4. That prior to final building and zoning inspections,
Condition Nos. 5, 8, 9, 14, 16, 18 and Z1, above-mentioned,
shall be complied with.
25. 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
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 an7 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 day of , 19~9.
9th May
ATTEST'
CITY CLERK OF ANAHEIM
JLW: db
3106L
051589
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GRNTG CUP 3109
CLERK
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. 89R-180 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 9th day of May, 1989, by the following vote of the members thereof:
AYES:
GOUNGIL MEMBERS: Daly, Ehrle and Hunter
NOES:
GOUNGIL MEMBERS: Pickler and Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-180 on the 24th day of May, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 24th day of May, 1989.
a .CIT¥ CLER CITy o
THE F ANAHEIM
( SEAL)
I, LEONOPJ{ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-180 duly pa~sed and
adopted by the Anaheim City Council on May 9, 1989.
~.CITY CLERK OF THE CITY
~F ANAHEIM