1985-480RESOLUTION NO. 85R-480
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2695.
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 THRIFTY OIL COMPANY, 10000 Lakewood Boulevard, Downey,
California, for a convenience market with gasoline sales and
off-sale beer and wine upon certain real property located within
the City of Anaheim, County of Orange, State of California,
legally described as:
SURVEY PLAT OF THAT PORTION OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE
RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51
PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 12; THENCE NORTH 0° 11' 15"
WEST ALONG THE EASTERLY LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION, A DISTANCE OF 203.00 FEET; THENCE
SOUTH 89° 41' 20" WEST PARALLEL WITH THE SOUTHERLY
LINE OF SAID SECTION 12, A DISTANCE OF 195.00 FEET;
THENCE SOUTH 0° 11' 15" EAST PARALLEL WITH THE
EASTERLY LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION, A DISTANCE OF 203.00 FEET TO THE SOUTHERLY
LINE OF SAID SECTION; THENCE NORTH $9° 41' 20" EAST
ALONG SAID SOUTHERLY LINE, A DISTANCE OF 195.00 FEET
TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION CONDEMNED BY THE STATE OF
CALIFORNIA BY FINAL ORDER OF CONDEMNATION, A CERTIFIED
COPY OF WHICH WAS RECORDED JULY 29, 1957 IN BOOK 3989
PAGE 163, 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
m,~.,., 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. PC85-175 denying
Conditional Use Permit No. 2695; and
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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
,~,a 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
adjoining 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.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all 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
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
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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. 2695 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
with a waiver of the following provisions of the Anaheim
Municipal Code:
SECTION 18.44.064.010 - Minimum landscaped
setback.
subject to the following conditions:
1. That all driveways shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City
Traffic Engineer.
2. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
3. That due to the change in use and/or occupancy of the
building, plans shall be submitted to the Building Division
showing compliance with the minimum standards of the City of
Anaheim, including the Uniform Building, Plumbing, Electrical,
Mechanical and Fire Code as adopted by the City of Anaheim. The
appropriate permits shall be obtained for any necessary work.
4. 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
.W.~ island a minimum of six (6) inches in height. Alternate methods
of providing equivalent protection may be permitted when
approved by the Chief.
d. That dispensing of gasoline into tYie 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 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.
5. That street lighting facilities along Lincoln Avenue
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, and 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
building permits. The above-required improvements shall be
installed prior to occupancy.
6. 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
for new commercial buildings.
7. 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.
8. That the proposal shall comply with all signing
w~. requirements of the CL Zone, unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
9. That no alcoholic beverages except beer and wine shall
be sold on the property.
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10. That subject property shall be developed substantially
in accordance with plans and specifications on file with the
City of Anaheim marked Exhibit Nos. 1 tYirough 3; provided,
however, that the existing trash enclosure be relocated to a
location approved by the Street Maintenance and Sanitation
Division.
11. All activities under the permit be in compliance with
proposed Ordinance No. 4668.
12. Separate restrooms for men and women be provided on
the premises.
13. That prior to the commencement of the activity
authorized under this resolution, Condition Nos. 3, 5 and 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.
14. That prior to final building and zoning inspections,
Condition Nos, 1, 2, 4, 7, 8, 9 and 10, above-mentioned, shall
be complied with.
BE IT FURTHER RESOLVED that the City Council does
hereby find and determine that adoption of this Resol.ut.ion 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 Yierein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 12th day of
November, 1985.
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OR OF THE CITY F ANAHEIM
ATTEST:
C~ •
`,CITY CLERK OF THE Y OF ANAHEIM
JWF:fm
4514M
120585
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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-480 was introduced and adopted at a regular "'~'""^
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of November, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-480 on the 12th day of November, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of November, 1985.
~,t,CITY CLERK OF THE C 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-480 duly passed and
adopted by the Anaheim City Council on November 12, 1985.
~~t CITY CLERK
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