87-302RESOLUTION NO. 87R-302
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2906.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from MILDRED B. YELLIS AND T. E. YELLIS, 13680 Cloverdale, Corona,
California 91720, owners, and W. F. REYNOLDS, 24758 La Grima,
Mission Viejo, California 92692, agent, upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCEL 4, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP
RECORDED IN BOOK 85, PAGE(S) 4 AND 5, 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. PC87-98 denying
Conditional Use Permit No. 2906; 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 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.
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.
NOW, THEREFORE, 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 denying said conditional
use permit be, and the same is hereby, reversed and that
Conditional Use Permit No. 2906 be, and the same is hereby,
granted permitting a convenience market with gasoline sales and
off-sale beer and wine on the hereinabove described real
property, subject to the following conditions:
1. That the existing most northerly driveway on Brookhurst
Street and the most westerly driveway on Crescent Avenue shall be
removed and replaced with a standard curb, gutter, sidewalk and
landscaping.
2. That the two [2) remaining driveways shall be
reconstructed to accommodate ten (10) foot radius curb returns as
required by the City Traffic Engineer.
3. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
4. That subject property shall be served by underground
utilities.
5. 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.
6. That the owner/developer shall reconstruct an existing
crushed rock storm drain catch basin on Brookhurst Street as
required by the City Engineer prior to final building and zoning
inspection.
7. That unless waived by the City Fire Marshal, 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, shall not reach within five
(5) 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 Fire Chief.
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 attendant's primary function shall be to
supervise, observe and control the dispensing of gasoline.
f. 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.
g. That it shall be the attendant's responsibility
to control sources of ignition and immediately handle accidental
spills and fire extinguishers if necessary.
h. That emergency controls shall be installed at a
location acceptable to the 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. That remote preset-type devices are to be in the
"off" position while not in use so the dispenser cannot be
activated without the knowledge of the attendant.
8. That in accordance with Anaheim Municipal Code Section
18.44.050.070, the property owner shall agree in writing to
remove the structures in the event that the service station is
closed for a period of twelve (12) consecutive months.
9. That in accordance with Anaheim Municipal Code Section
18.87.023.020, the following shall be complied with:
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a. The minimum enclosed retail sales area of twelve
hundred feet (1200) square feet shall be provided.
b. An inventory of retail sales items (not including
beer, wine, fuel or automotive products) exceeding $10,000.00
shall be maintained on the site.
c. Receipts from the sale of beer and wine shall not
exceed thirty-five percent (35%) of all retail sales during any
twelve (12)-month period.
d. No display of beer or wine shall be located
outside of a building or within five (5) feet of any public
entrance to the building.
e. The area of beer or wine displays shall riot
exceed twenty-five percent (25%) of the total display area in a
building.
f. 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.
g. No advertising of beer or wine shall be located,
placed or attached to any location outside of the interior of the
building arid any such advertising shall not be visible to anyone
outside of the building.
permitted.
No video, electronic, or other games shall be
i. Sale of alcoholic beverages shall be made to
customers only when the customers is in the building.
j. No person under 21 years of age shall set or be
permitted to sell any beer or wine.
k. At least one (1) 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
(3) signs advertising beer or wine; provided, however, that at
least two (2) such signs to discourage driving a vehicle while
under the influence of drugs or alcoholic beverages shall be
prominently displayed in the building.
1. The operator of the service station shall
participate in, aid and support eOucational and other programs
intended to reduce driving while under the influence of drugs or
alcoholic beverages.
10. That ail air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from view.
11. That the proposal shall comply with all signing
requirements of the CL Zone, unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
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12. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit mos. 1 through 3; provided, however,
that a six (6) foot high masonry block wall shall be constructed
along the entire east property line except that such wail shall
not exceed thirty-six (36) inches in the ten (10) foot setback
along Crescent Avenue.
13. That 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. 5 arid 8, 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 final building and zoning inspections,
Condition Nos. 1, 2, 5, 4, 6, 10 and 12, above-mentioned, shall
be complied with.
15. That air and water shall be available to the public
during open-for-business hours.
16. That the restroom shown on the approved plans shall be
available for the public's use during open-for-business hours.
BE IT FORTHER 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 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 7th day of 3uly, 1987.
ATTEST
CITY CLERK OF ThE CITY'
IM
BG:fm
1976L
082487
MAYOR OF THE CITY OF ANAHEIM
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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. 87R-302 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 7th day of July, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-302 on the 7th day of July, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 7th day of July, 1987.
Ir~
CITY CLERK OF THE CITY
(SEm.,)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
tha foregoing is the original of Resolution No. 87R-302 duly passed and
adopted by the Anaheim City Council on July 7, 1987.
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C~'TY CLERK 0F THE CITY OF ANAHEIM