88-186RESOLUTION NO. 88R-186
A RESOLUIlON OF 2'HE
OF ANAHEIM GRANTING
NO. 2993.
CITY COUNCIL OF THE CITY
CONDITIONAL USE PERMIT
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 ATLANTIC RICHFIELD CORPORATION, 17315 Studebaker Road,
Artesia, CA 90702-6411, owner and W.F. REYNOLDS, 24785 LaGrima,
Mission Viejo, CA 92692, agent, to permit expansion of 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:
THAT PORTION OF hOT 30 OF ANAHEIM EXTENSION, IN THE
CITY OF ANAHEIM, AS SHOWN ON A MAP OF SURVEY MADE BY
WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT IN TBE CENTER LiNE OF WEST
STREET, 66 FEET IN WIDTH, DISTANT THEREON 201.8S FEET
NORTHERLY FROM THE INTERSECTION OF SAID CENTER LINE
WITH THE CENTER LINE OF BALL ROAD, 60 FEET IN WIDTH,
AND RUNNING THENCE SOUTHERLY ALONG SAID CENTER LINE OF
WEST STREET, 201.85 FEEl' TO SAID CENTER LINE OF BALL
ROAD; THENCE WESTERLY ALONG SAID CENTER LINE OF BALL
ROAD, 196.70 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO
SAID CENTER LINE OF BALL ROAD, TO AN INTERSECTION WITH
A LINE WHICH IS AT RIGHT ANGLES TO SAID CENTER LINE OF
WEST STREET AND WltICH PASSES 2HROUGH 2'HE POINT OF
BEGINNING; THENCE EASTERLY 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 b7 itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC88-86 denying
Conditional Use Permit No. 2993; 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
WttEREAS, 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 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 adjoin-
ing land uses and the growth and development of the area in which
it is proposed to be located.
3. Tile size and shape of the site proposed for tile 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. 1'he 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 ali 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
congestion in the immediate vicinity nor
adjoining land uses; and
an increase in traffic
adversely affect the
2. The granting of the variance(s) under tile conditions
imposed will not be detrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim.
NOW, TttEREFORE, 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 said conditional use
permit be, and the same is hereby, and that Conditional Use
Permit No. 2993 be, and the same is hereby, granted permitting
expansion of a convenience market with gasoline sales on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.022
and 18.48.066.050
Minimum Number of Parking Spaces.
(l__l required; ~ proposed)
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subject
1.
to the following conditions:
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 determined by the
City Council.
That curbs, gutters, driveways, damaged and/or hazardous
sidewalks shall be removed and/or reconstructed along
Nest Street as required by the City Engineer and in
accordance with standard plans and specifications on
file in the Office of the City Engineer.
That ail driveways 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.
That the new construction authorized by this resolution
shall be served by underground utilities.
That as required by the Uniform Fire Code, the following
minimum standards shall apply:
That dispensing devices shall be located a minimum
distance of 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 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 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 6 inches in height.
Alternate methods of providing equivalent
protection may be permitted when approved by the
Chief of the Fire Department.
d o
That dispensing of gasoline into the fuel tank or
into a container shall at ali times be under the
supervision of a qualified attendant.
e o
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.
o
10.
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 Fire Department, but
controls shall not be more than 100 feet from
dispensers.
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 ail times and no obstacles
shall be placed between the dispensing devices and
the attendant.
1. That the attendant shall at ail times be able to
communicate with persons in the dispensing area.
That during hours of operation of subject facility,
men's and women's restrooms shall be available to the
public.
That in conformance with Anaheim Municipal Code Section
18.48.050.055, the owner/developer shall provide a
recorded agreement 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.
That any off-sale of beer and wine on the premises shall
comply with the provisions of Subparagraphs (a) through
(L) of Section 18.87.025.020 of the ^naheim Municipal
Code.
That trash storage areas shall be provided and
maintained in accordance with approved plans on file
with the Street Maintenance and Sanitation Division. in
addition, the location of the trash storage area shall
be reviewed and approved by the Street Maintenance and
Sanitation Division.
That ail air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view.
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That the proposal shall comply with all signing
requirements of the CR Zone, unless a variance allowing
sign waivers is approved by the City Council, Planning
Commission or Zoning Administrator.
12.
That subject property shall be developed substantially
in accordance with plans and specifications on file with
the City of Anaheim marked Exhibit Nos. 1 through 3.
13.
That prior to the commencement of the activity
authorized by this resolution or 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 and 7, 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.
14.
That prior to the commencement of the activity
authorized by this resolution, or final building and
zoning inspections whichever occurs first, Condition
Nos. 2, 3, 4, 5, 6, 9, 10 and 12, above-mentioned, shall
be complied with.
15.
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 Oetermine 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 3rd d~ay of May, 1988.
ATTEST:
~gI~Y C~ANAHEIM
JLW/jd
2443L
050988
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CL~RK
Si'ATE OF bALZFOFJqZA )
COUNTY OF OR. GE ) ss.
CiTY OF ANAHEiM )
i, ANN M. SAUVAGEAU, Assistant City Clerx of tne City of Anaheim, do hereby
certify that the foregoing Resolution No. 88R-180 was introduced and adopted
at a regular meeting provided by law, of tile City Council of the City of
Anaheim held on the 3rd day of May, 1986, by the following vote of the members
thereof:
AYES:
COJNCi~ i~EMBERS: Enrle, Hunter, Bay
NOES; COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. ~gR-i~6 on the 10th day of May, 1988.
WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 10tl~ day of May,
AS S±S'fAN'£ Cl' OF
(SEAL)
I, A~N I4. SAUVAGEAU, Assistant City Clerk of t~e City of Anaheim, do hereoy
certify that the foregoing is the original of Resolution No. 88R-186 duly
passed and adopted Dy the Anal~eim City Council on May 3, 1998.
ASSiS fAN~ CITY'ANAHEiM