91-030 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3358.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a 634 square-foot convenience market within an existing
service station upon certain real property located within the City
of Anaheim, County of Orange, State of California, legally
described as:
THOSE PORTIONS OF J.W. CLARK'S ADDITION TO
ANAHEIM IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, ASM 31 PAGE 100,
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, AND OF HELEN AND LYNCH'S
SUBDIVISION AS PER MAP RECORDED IN BOOK 442
PAGE 158 OF DEEDS, RECORDS OF SAID LOS ANGELES
COUNTY, CALIFORNIA, LOCATED IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE
OF BROADWAY AND LANDING ROAD "NOW KNOWN AS
EUCLID AVENUE", AS SHOWN ON SAID MAP OF J. W.
CLARK'S ADDITION TO ANAHEIM, SAID POINT BEING
ALSO THE NORTHWEST CORNER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4
SOUTH, RANGE 10 WEST: THENCE SOUTH 190.00 FEET
ALONG SAID CENTER LINE OF EUCLID AVENUE; THENCE
EAST 200.00 FEET PARALLEL WITH SAID CENTER LINE
OF BROADWAY: THENCE NORTH 190.00 FEET PARALLEL
WITH SAID CENTER LINE OF LANDING ROAD TO SAID
CENTER LINE OF BROADWAY; THENCE WEST 200.00
FEET 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 by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC90-278 granting Conditional
Use Permit No. 3358; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the city Council, on its own motion, caused
CU~ #3358
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 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
city of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3358 be, and the same is hereby, granted
permitting a 634 square-foot convenience market within an existing
service station on the hereinabove described real property, subject
to the following conditions:
1. That a fee for street lighting purposes shall be paid to
the city of Anaheim based on the length of street
frontage along Euclid Street and Broadway in an amount as
established by City Council resolution.
2. That subject property shall be served by underground
utilities.
3. That trash storage areas shall be provided and maintained
in a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans
on file with said division. Such information shall be
specifically shown on the plans submitted for building
permits.
- 2 -
CUP #3358
4. That the existing most westerly driveway on Broadway
shall be removed and replaced with standard curb, gutter,
sidewalk and landscaping.
5. That all remaining driveways shall be constructed with
fifteen (15) foot radius curb returns as required by the
City Engineer in conformance with Engineering Standards.
~' 6. That there shall be no sale of beer, wine or other
alcoholic beverages of any kind on the premises, unless a
conditional use permit is first approved authorizing such
use.
7. That no fast-food service facilities shall be permitted
in subject convenience market unless a variance for
parking is approved by the city Council, Planning
Commission or Zoning Administrator or unless sufficient
Code parking is provided.
~ 8. That, as required by the Uniform Fire Code, the following
minimum standards shall apply:
a. Fuel 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 are on private property.
b. Fuel 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 the hose is
fully extended, shall not reach closer than five (5)
feet to any building opening.
c. Fuel dispensing devices shall be protected against
physical damage from vehicles by mounting on a
v concrete island a minimum of six (6) inches in
height. Alternate methods of providing equivalent
protection may be permitted when approved by the
Fire Department.
d. Dispensing of gasoline into fuel tanks or containers
shall at all times be under the supervision of a
qualified attendant.
e. The attendant's primary function shall be to
supervise, observe and control the dispensing of
gasoline.
~ f. 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, and so designed that
the contents can be dispensed without spilling.
3
CUP ~3358
g. It shall be the attendant's responsibility to
control sources of ignition and immediately handle
accidental spills and fire extinguishers if
necessary.
h. 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. Instructions for the operation of dispensers shall
be conspicuously posted.
j. Remote preset-type devices shall be in the "off"
position while not in use so the fuel dispenser
cannot be activated without the knowledge of the
attendant.
k. Fuel dispensing devices shall be in clear view of
the attendant at all times and no obstacles shall be
placed between the dispensing devices and the
attendant. Use of cameras may be utilized as
approved by the Fire Department.
1. The attendant shall at all times be able to
communicate with persons in the fuel dispensing area
via a two-way speaker system.
9. That no outdoor storage of, display of, or work on
vehicles or vehicular parts shall be permitted.
10. That any proposed freestanding sign on subject property
shall be a monument-type not exceeding eight (8) feet in
height and shall be subject to the review and approval of
the City Traffic Engineer.
11. That minimum fifteen (15) gallon trees, planted on
maximum fifteen (15) foot centers and having with
appropriate irrigation facilities, shall be installed and
maintained along the south and east property lines.
12. That the on-site landscaping and irrigation system shall
be refurbished and maintained in compliance with City
standards.
13. That during business hours of subject facility, separate
men's and women's restrooms shall be available to the
public and shall be properly supplied and maintained.
Said facilities shall be specifically shown on the plans
submitted for building permits.
14. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked of Exhibit Nos.
1 and 2; including two (2) installations of minimum three
CUP ~3358
(3) foot wide landscaped planters along Euclid Street and
Broadway, including in the area where the driveway has
been deleted (Condition No. 4), and (G) installation of
"posts" and landscaping along the east property line as
stipulated to by the petitioner at the City Council
public hearing.
15. That prior to commencement of the activity authorized by
-~" 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
Nos. 1, 3 and 13, 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.
16. That prior to commencement of the activity authorized by
this resolution or prior to final building and zoning
inspections, whichever occurs first, Condition Nos. 2, 4,
~ 5, 8, 10, 11, 12 and 14, above-mentioned, shall be
complied with.
17. 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, State and Federal 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 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 5th day of February, 1991.
ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl/R34CUP3358.113/020891
- 5 -
CUP ~3358
STATE OF CALIFORNIA )
COUNTY OF O~NGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-30 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 5th day of
February, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution NO. 91R-30 on the 12th day of February, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of February, 1991.
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. 91R-30, duly passed and adopted
by the City Council of the City of Anaheim on February 5, 1991.
CITY CLERK OF THE CITY OF ANAHEIM