RES-1989-325 RESOLUTION NO. 89R-325
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3157.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from THRIFTY OIL COMPANY, 10000 Lakewood Boulevard, Downey, CA
90240, owner, and TAIT AND ASSOCIATES, ATTN: Steve Tarkoff, P.O.
Box 4429, Orange, CA 92623, agent to permit a convenience market
with gasoline sales upon certain real property located within the
City of Anaheim, County of Orange, State of California, legally
described as:
THE EAST 195.00 FEET OF THE NORTH 193.00 FEET OF THE
NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 11
WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SAID SECTION 15 SHOWN ON A MAP RECORDED IN BOOK 51
PAGE 11 OF MISCELLANEOUS 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 Hail 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 ali evidence and reports offered at
said hearing, did adopt its Resolution No. PC89-148 granting
Conditional Use Permit No. 3157; 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 ali 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.
CUP 3157
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
improved to carry the traffic in the area.
and
5. The granting of the conditional use
conditions imposed will not be detrimental to
safety and general welfare of the citizens of
permit under the
the peace, health,
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. 3157 be, and the same is hereby,
granted permitting a convenience market with gasoline sales on
the hereinabove described real property, subject to the following
conditions:
That sidewalks, curbs and gutters shall be repaired along
Ball Road as required by the City Engineer and in accordance
with standard plans and specifications on file in the Office
of the City Engineer.
That the driveway on Ball Road and Dale Avenue shall be
reconstructed to accommodate ten (10) foot radius curb
returns. Said driveways shall have a width no greater than
thirty (30) feet. Existing broken or cracked driveways
shall be removed and replaced as required by the City
Engineer.
That existing driveways, which will be removed shall be
replaced with standard curb, gutter and sidewalk.
That street lighting facilities along Ball Road and Dale
Avenue shall be installed as required by the Utilities
General Manager in accordance with specifications on file in
the Office of Utilities General Manager; or that security in
the form of a bond, certificate of deposit, letter of
credit, or cash, in an amount and form satisfactory to the
City of Anaheim, shall be posted with the City to guarantee
the satisfactory completion of the above-mentioned
improvements. Said security shall be posted with the City
of Anaheim prior to issuance of a building permit. The
above-required improvements shall be installed prior to
occupancy.
That subject property shall be served by underground
utilities.
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That the legal owner of subject property shall dedicate to
the City of Anaheim a twenty five (25) foot radius corner
return at the intersection of Ball Road and Dale Avenue.
That a fee shall be paid to the City of Anaheim for tree
planting along Ball Road and Dale Avenue in an amount as
established by City Council resolution.
That as required by the Uniform Fire Code, the following
minimum standards shall apply:
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.
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11.
12.
15.
14.
15.
16.
17.
i. 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 ali times and no obstacles shall be
placed between the dispensing devices and the attendant.
That the attendant shall
communicate with persons
two-way speaker system.
at ali times be able to
in the dispensing area via a
That there shall be no off sale beer, wine or other
alcoholic beverages of any kind on the premises.
That during business hours of operation of subject facility,
separate men's and women's restrooms shall be available to
the public, and properly supplied and maintained. Said
facilities shall be clearly indicated on the plans submitted
for building permits.
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. Such information shall be
specifically shown on the plans submitted for building
permits.
That ail air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view. Such information shall be specifically shown on the
plans submitted for building permits.
That the freestanding signage on subject property shall be
limited to a monument sign at the corner and that the
specific location shall be subject to the approval of the
Planning Department and the City Traffic Engineer.
That minimum fifteen (15) gallon trees planted on minimum
twenty (20) foot centers, including appropriate irrigation
facilities, shall be installed and maintained along the
south and west property lines.
That the on-site landscaping shall be maintained in
compliance with City standards.
That the owner of subject property shall submit a letter
requesting termination of Variance No. 896 and Conditional
Use Permit No. 288 to the Zoning Division.
That subject property shall be developed substantially in
accordance with plans and specifications on file with the
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City of Anaheim marked Exhibit Nos. i through
18.
That prior to commencement of the activity authorized by
this resolution, or 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, 6,
7, 10, 11, 12 and 16, 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.
19.
That prior to the commencement of the activity authorized by
this resolution or prior to final building and zoning
inspections whichever occurs first, Condition Nos. 2, 5, 4,
5, 14 and 17, above-mentioned, shall be complied with.
20.
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 25th day of July, 1989.
ATTEST: ~
CITY CLERK OF THE CITY OF ANAHEIM
JLW:kh
3240L
072889
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CLERK
STATE OF CALIFORNIA )
COUNTY OF OtLANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 89R-325 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 25th day of July, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-325 on the 2nd day of August, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 2nd day of August, 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-325 duly passed and
adopted by the Anaheim City Council on July 25, 1989.
CITY CLERK OF THE CITY OF ANAHEIM