RES-1989-198RESOLUTION NO. 89R-198
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3128, IN PART.
WHEREAS, the City Planning Commission o£ 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 ANNE HENNING PAULUS, Eastlake Shore, Big Fork, Montana,
59911, owner, and MOBIL OIL CORPORATION, Attn: J.H. Huntsberry,
1255 Corporate Center Drive, Ste. #201, Monterey Park, CA 91754,
agent, to permit an automobile service station, car wash, and
convenience market with off-sale of beer and wine and waiver of
the minimum required retail sales area upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCEL B, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 33,
PAGE 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
AND
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 7, IN TOWNSHIP 4 SOUTH, RANGE 9
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10,
MISCELLANEOUS MAPS RECORDS OF ORANGE COUNTY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINES OF
RIO VISTA STREET AND ANAHEIM OLIVE ROAD, NOW KNOWN AS
LINCOLN AVENUE, AS SAID STREETS ARE SHOWN ON A MAP OF
SURVEY RECORDED IN BOOK Z1, PAGE 45, RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY AND RUNNING THENCE SOUTH 0 DEG 19' 30"
WEST, ALONG SAID CENTER LINE OF RIO VISTA STREET,
21Z.77 FEET; THENCE NORTH 89 DEG. 57' 45" EAST 19Z.36
FEET; THENCE NORTH 0 DEG 19' 30" EAST, PARALLEL WITH
SAID CENTER LINE OF RIO VISTA STREET, 175.04 FEET TO
SAID CENTER LINE OF LINCOLN AVENUE; THENCE NORTH 78
DEG 55' 30" WEST, ALONG SAID CENTER LINE, 195.00 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 ail evidence and reports offered at
said hearing, did adopt its Resolution No. PC89-8§ denying
Conditional Use Permit No. 5128; 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 consi-
deration of the recommendations of the City Planning Commiasion
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.
Z. 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.
5. 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 that
the applicant has withdrawn its request for (1) sale of fast
food, (2) off-sale of beer and wine, and (5) waiver of the
minimum required retail sales area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that Conditional Use Permit No. 3128 be, and
the same is hereby, granted permitting an automobile service
station, car wash and convenience market on the hereinabove
described real property subject to the following conditions:
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That as required by the Oniform Fire Code, the following
minimum standards shall apply:
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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.
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 (5) feet of any
building opening.
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.
That dispensing of gasoline into the fuel tank or into
a container shall at all times be under the supervision
of a qualified attendant.
That the attendant's primary function shall be to
supervise, observe and control the dispensing of
gasoline.
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.
That instructions for the operation of dispensers shall
be conspicuously posted.
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 all times and no obstacles shall be
placed between the dispensing devices and the attendant.
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That the attendant shall at all times be able to communicate
with persons in the dispensing area via a two-way speaker
system.
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That in the event a parcel map is not recorded combining the
2 existing lots, the legal property owner shall furnish the
Zoning Division with a copy of a recorded covenant and
agreement in a form approved by the City Attorney agreeing
to hold subject property as one parcel.
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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 existing driveways on Rio Vista Street and Lincoln
Avenue, closest to the corner shall be removed and replaced
with standard curb, gutter, sidewalk and landscaping·
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That the legal owner of subject property shall irrevocably
offer to dedicate a portion of land along a twenty-five (25)
foot radius corner return at the intersection of Rio Vista
Street and Lincoln Avenue.
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That the driveways on Rio Vista Street and Lincoln Avenue
shall be reconstructed to accommodate ten (10) foot radius
curb returns. Existing broken or cracked driveways shall be
removed and replaced as required by the City Engineer.
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That drainage of subject property shall be disposed of in a
manner satisfactory to the City Engineer. The existing
drainage flow pattern line the private alley along south
property line shall be maintained· In addition, all waste
water produced by the car wash shall be disposed of on-site.
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That during hours of operation of subject facility, separate
men's and women's restrooms shall be available to the
public, and properly supplied and maintained.
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That subject property shall be served by underground
utilities.
10. That as required by the City Traffic Engineer, a maximum
35-foot width shall be permitted for the driveway approaches.
11. That as required by the City Traffic Engineer, the driveways
shall be located a minimum of 110 feet from the intersection
of Lincoln Avenue and Rio Vista Street.
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12. That a parking plan indicating compliance with City parking
lot design standards shall be submitted to and approved by
the City Traffic ~.ngineer.
13. That a fee shall be paid to the City of Anaheim for tree
planting along the southerly lot on Rio Vista Street in an
amount as established by City Council resolution.
14. That unloading gasoline products from 43-foot "interstate
trailers" or larger conveyances, shall be prohibited.
15. 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.
16. 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.
17. That the proposal shall comply with all signing requirements
of the CL Zone, unless a variance allowing sign waivers is
approved by the City Council, Planning Commission or Zoning
Administrator.
18. That a six (6)-foot high masonry block wall shall be
constructed and maintained along the south property line
excepting the front setback where the wall height shall be
three (3) feet provided the City Traffic Engineer shall have
the authority to reduce the height of the wall to protect
visual line-of-sight where pedestrian/vehicular circulation
occurs.
19. 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.
20. That minimum 15-gallon trees planted on minimum 20-foot
centers and, with appropriate irrigation facilities, shall
be installed and maintained along the east property line and
along the north boundary of the 20-foot wide access easement.
21. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit Nos. 256
and 2619 to the Zoning Division.
22. That in conformance with Anaheim Municipal Code Section
18.44.050.070, a recorded agreement shall be provided to the
Zoning Division agreeing to remove the service station
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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.
23. That the on-site landscaping shall be maintained in
compliance with City standards.
24. That subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked Revision No. 1 of Exhibit No. 1,
provided, however, that the free-standing sign shall be
limited to a maximum 8-foot high, maximum 63-square feet
monument sign and that prior to issuance of a sign permit
the exact location of said monument sign shall be submitted
to the City Traffic Engineer for review and approval to
verify that safe visual lines of sight are being maintained
between the public streets, sidewalks and driveways.
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, Z, 3, 4, 5, 7, 8,
10, 11, 12, 13, 21 and 22 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.
26. That prior to final building and zoning inspections,
Condition Nos. 1, 4, 6, 7, 8, 9, 10, 11, 15, 16, 18, 19, 20
and 24 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 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
ail 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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 25rd day of May, 1989.
MAYOR OF THE CITY OF ANAHEIM
PRO TE.M
ATT~
CITY CLERK OF THE CITY OF ANAHEI-M
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3125L
055189
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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-198 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 23rd day of May, 1989, by the following vote of the members thereof:
AYES ·
COUNCIL MEMBERS' Daly, Ehrle, Pickler and Kaywood
NOES'
COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS' Hunter
AND I FURTHER certify that the Mayor Pro Tem of the City of Anaheim signed
said Resolution No. 89R-198 on the 6th day of June, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of June, 1989.
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. 89R-198 duly passed and
adopted by the Anaheim City Council on May 23, 1989.
CITY CLERK OF THE CITY OF ANAHEIM