1985-334RESOLUTION NO. 85R-334
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2699.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from BERNARD B. ROTH and FLORENCE ROTH, owners, and GILBERT AJA
AND ASSOCIATES, ARCHITECTS, INC., agent, to permit a convenience
market with off-sale beer and wine and gasoline sales upon certain
real property located within the City of Anaheim, County of
Orange, State of California, legally described as:
THE NORTHERLY 190.00 FEET OF THE WESTERLY 190.00 FEET
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE
RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, AS SAID
SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE
11, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
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. PC85-150 denying
Conditional Use Permit No. 2699; 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.
-~-- 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 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. 2699 be, and the same is hereby,
granted permitting a convenience market with off-sale beer and
wine and gasoline sales on the hereinabove described real
property, subject to the following conditions:
1. That the existing most northerly driveway on Knott
Street and the westerly driveway on Ball Road shall be removed
and replaced with a standard curb, gutter, sidewalk and
landscaping.
2. 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 feet (10') from any property line and so
located that all parts of a vehicle being serviced will be on
private property.
b. That dispensing devices sahll be located not less
than ten feet (10') 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
feet (5') 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 inches (6") in height. Alternate methods
of providing equivalent protection may be permitted when approved
by the 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.
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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, do 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 feet (100') 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.
3. That prior to issuance of a building permit, primary
water main fees shall be paid to the City of Anaheim, in an
amount as determined by the Office of the Utilities General
Manager.
4. That the two (2) driveways shall be reconstructed to
accommodate ten foot (10') radius curb returns as required by the
City Traffic Engineer.
5. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
6. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department.
7. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
8. That all air conditioning facilities shall be properly
shielded from view.
9. 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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10. That no alcoholic beverages, except beer and wine shall
be sold on the premises.
11. That separate men's and women's restroom facilities
shall be provided on the premises.
12. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit No. l; provided, however, that (a) a
four foot (4') high block wall shall be constructed along the
entire east and south property lines except for the front
setbacks where the maximum height shall be three feet (3') and
(b) the landscaped planters shall be extended along the entire
east and south property lines except where the proposed building
and trash enclosure are located.
13. That prior to the commencement of the activity
authorized under 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 No. 3,
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 under this resolution, or final building and zoning
inspections whichever occurs first, Condition Nos. 1, 2, 4, 5, 7,
8, 11 and 12, above-mentioned, shall be complied with.
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 23rd day of July, 1985.
MAYOR OF THE CITY OF ANAHEIM
PRO TEM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:fm
4082M
081985
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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. 85R-334 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 July, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: Bay
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-334 on the 23rd day of July, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 23rd day of July, 1985.
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. 85R-334 duly passed and
adopted by the Anaheim City Council on July 23, 1985.
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CITY CLERK