84R-207
RESOLUTION NO. 84R-207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING, IN PART, CONDITIONAL USE
PERMIT NO. 2557.
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WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit from
ROBERT K. WALKER, et al., owner, and MOBIL OIL CORPORATION, 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:
PARCEL 1: THE SOUTH 89 FEET OF THE NORTH 254 FEET OF
THE WEST 180 FEET OF THE NORTH 5 ACRES OF THE WEST 20
ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF
SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE
RANCHO LOS COYOTES AS SHOWN ON A MAP RECORDED IN BOOK
51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
PARCEL 2: THE WEST 133 FEET OF THE NORTH 165 FEET OF
THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH,
RANGE 10 WEST IN THE RANCHO LOS COYOTES, AS SHOWN ON A
MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE NORTH 66 FEET.
ALSO EXCEPTING THEREFROM THE FOLLOWING:
BEGINNING AT A POINT IN THE SOUTH LINE OF THE NORTH 66
FEET OF THE WEST 168 FEET OF THE NORTHWEST QUARTER OF
SAID SECTION 18, DISTANT ALONG SAID SOUTH LINE
EASTERLY 70.00 FEET FROM THE WEST LINE OF SAID
SECTION; THENCE ALONG SAID SOUTH LINE WESTERLY TO SAID
WEST LINE; THENCE ALONG SAID WEST LINE SOUTHERLY TO A
LINE WHICH IS PARALLEL WITH AND DISTANT SOUTHERLY
20.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID SOUTH
LINE: THENCE ALONG SAID PARALLEL LINE EASTERLY 50.00
FEET; THENCE NORTHEASTERLY IN A DIRECT LINE TO THE
POINT OF BEGINNING.
PARCEL 3: THE EAST 35 FEET OF THE WEST 168 FEET OF
THE NORTH 165 FEET OF THE NORTHWEST QUARTER OF SECTION
18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE
10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
EXCEPTING THEREFROM THE NORTH 66 FEET.
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PARCEL 4: THE EAST 12 FEET OF THE WEST 180 FEET OF
THE NORTH 165 FEET OF THE NORTHWEST QUARTER OF SECTION
18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
.....
EXCEPTING THEREFROM THE NORTH 66 FEET AS CONVEYED TO
THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 30,
1955 IN BOOK 3192, PAGE 168 OF OFFICIAL RECORDS.
PARCEL 5: THE EAST 50 FEET OF THE WEST 230 FEET OF
THE NORTH 254 FEET OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
18, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE
10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
EXCEPTING THE NORTH 66 FEET THEREOF, AS CONVEYED TO
THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 30,
1955 IN BOOK 3192, PAGE 168 OF OFFICIAL RECORDS; 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, investi-
gation 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. PC84-64 granting, in part, Conditional
Use Permit No. 2557; 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 considera-
tion 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 adjoining
land uses and the growth and development of the area in which it is
proposed to be located.
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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.
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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 granting, in part, said
conditional use permit be, and the same is hereby, affirmed and
that Conditional Use Permit No. 2557 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:
1. That the existing most northerly driveway on Magnolia
Avenue and the existing most westerly driveway on Lincoln Avenue
shall be removed and replaced with a standard curb, gutter,
sidewalk and landscaping.
2. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Lincoln Avenue
and Magnolia Avenue 'in an amount as determined by the City Council.
3. That trash storage areas shall be provided in accordance
with approved plans on file with the Street Maintenance and
Sanitation Division.
4. That the owner of subject property shall submit a letter
requesting termination of Variance No. 2467 to the Planning
Department.
5. That in accordance with the requirement of the City Fire
Marshall, the fOllowing minimum standards shall apply:
a. That dispensing devices shall be located a minimum
distance of 10 feet from a 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 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 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 6 inches in height. Alternate methods of providing
equivalent protection may be permitted when approved by the Chief.
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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.
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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 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.
6. 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, including separate public
restrooms for men and women.
7. That prior to the commencement of the activity authorized
under this resolution, or within a period of one year from the date
of this resolution, whichever occurs first, Condition Nos. 1
through 6, 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.
8. That the approved use shall consist of the sale of
"snack" items and there shall be no sale of beer and wine or other
alcoholic beverages of any kind on the premises.
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 any approvals herein contained, shall be deemed
null and void.
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City
THE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anaheim th~y~~.
MAY~ OF THE CITY OF ANAHEIM
ATTES~ ~
CITY CLERK OF THE CITY OF ANAHEIM
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6/15/84
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Cle~k of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 84R-207 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on --,
the 5th day of June, 1984, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 84R-207 on the 5th day of June, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day of June, 1984.
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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. 84R-207 duly passed and
adopted by the Anaheim City Council on June 5, 1984.
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CITY CLERK
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