RES-1989-452
RESOLUTION NO. 89R-452
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3209.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from MALANAS LTD, P.O. BOX 1066, Newport Beach, CA 92660, owner
and ARDESHIR BAHAR AlA, 23052 Alcalde, Laguna Hills, CA 92653,
agent to permit a car wash with gasoline sales and a convenience
market with off-sale of beer and wine upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
THE SOUTH 160 FEET OF THE EAST 115 FEET OF LOT 67 OF
TRACT NO. 2773, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 116, PAGES 24, 25 AND 26 OF
MISCELLANEOUS MAPS, RECORDS 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. PC 89-255 granting
Conditional Use Permit No. 3209; 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.
GRNTG CUP 83209
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. 3209 be, and the same is hereby,
granted permitting a car wash with gasoline sales and a
convenience market with off-sale of beer and wine on the
hereinabove described real property, subject to the following
conditions:
1. That drainage of subject property shall be provided in
a manner satisfactory to the City Engineer. In
addition, all waste water produced by subject car wash
shall be designed for on-site disposal.
2. 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 established by
City Council resolution.
3. That all driveways on Brookhurst Street shall be
constructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with
Engineering Department Standard No. 137.
4. That a fee shall be paid to the City of Anaheim for
street lighting along Brookhurst Street in an amount as
established by City Council resolution.
5. That a fee shall be paid to the City of Anaheim for
tree planting along Brookhurst Street in an amount as
established by City Council resolution.
6. That subject property shall be served by underground
utilities.
7. That fire sprinklers shall be installed as required by
the City Fire Department.
8. That the following minimum standards shall apply, as
required by the Uniform Fire Code:
-2-
GRNTG CUP 63209
a.
That gasoline dispensing devices shall be
located a minimum distance of ten (10) feet
from any property line and shall be so-located
that all parts of any vehicle being serviced
are on private property.
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 the hose is fully extended, will
not reach closer than five (5) feet to any
building opening.
b.
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 specifically approved by the
City Fire Department.
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.
That the attendant's primary function shall be
to supervise, observe and control the
dispensing of gasoline.
e.
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
screw or spring cover, and 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 using
fire extinguishers if necessary.
h. That emergency controls shall be installed at
a location acceptable to the City Fire
Department, and that said controls shall not
be located 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 shall be in
the "off" position while not in use so the
dispenser cannot be activated without the
knowledge of the attendant.
-3-
GRNTG CUP 83209
k. That the dispensing device 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 when specifically
approved by the Fire Department.
1. That the attendant shall at all times be able
to communicate with persons in the dispensing
area via a two-way speaker system.
9. That during business hours of operation 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 clearly shown
on the plans submitted for building permits.
10. That an unsubordinated agreement agreeing to remove the
service station structures in the event that the
station is closed for a period of twelve (12)
consecutive months shall be recorded with the Office of
the Orange County Recorder, in conformance with Anaheim
Municipal Code Section 18.44.050.070 "Automobile
Service Stations". (A service station shall be
considered closed during any month in which it is open
for less than fifteen (15) days.) Prior to
recordation, the agreement shall be submitted to the
City Attorney for review and approval. A copy of the
recorded agreement shall be submitted to the Planning
Department.
11. That off-sale of beer and wine shall be subject to
the following conditions, in compliance with
Anaheim Municipal Code Section 18.87.023.020
"Off-sale of Beer and Wine":
a. A minimum enclosed retail sales area of twelve
hundred (1,200) square feet shall be provided.
b. A minimum ten thousand dollar ($10,000.00)
inventory of retail sales items (not including
beer, wine, fuel or automotive products) 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 a building nor within five (5) feet of
any public entrance to a building.
-4-
GRNTG CUP 83209
e.
The area of beer or wine disp1ay(s) shall not
exceed twenty five percent (25%) of the total
display area in a building.
f.
Cold beer or wine having a temperature below
sixty five degrees (650) 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 the interior of the building and any
such advertising shall not be visible to
anyone outside the building.
h.
No video, electronic or other games shall be
permitted.
i.
Sale of alcoholic beverages shall be made to
customers only when the customer is in the
building.
No person under twenty one (21) years of age
shall sell nor be permitted to sell any beer
or wine.
j .
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 educational
and other programs intended to reduce driving
while under the influence of drugs or
alcoholic beverages.
12. 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.
13. That all air conditioning facilities and other roof- and
ground-mounted equipment shall be properly shielded from
view. Such information shall be specifically shown on the
plans submitted for building permits.
-5-
GRNTG CUP 83209
14. That the proposal shall comply with all signing
requirements of the CL "Commercial, Limited" Zone, unless a
variance allowing sign waivers is approved by the City
Council, Planning Commission or Zoning Administrator.
15. That the freestanding sign on subject property shall be
limited to one (1) monument type sign not exceeding four
(4) feet in height and shall be subject to the review and
approval of the City Traffic Engineer to verify safe
lines-of-sight, prior to issuance of a permit to construct
said sign; and that all existing free-standing signs shall
be removed and replaced with the monument sign prior to
final building and zoning inspections.
16. That minimum fifteen (15) gallon trees planted on minimum
twenty (20) foot centers, and having appropriate irrigation
facilities, shall be installed and maintained along the
interior property lines.
17. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
18. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit Nos. 128,
2373 and 2890 to the Zoning Division.
19. 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 Exhibit Nos. 1
through 3; provided, however, that building wing walls
shall be extended on each end of the car wash tunnel for
approximately thirty-three (33) feet to the property lines
in order to buffer noise to the adjacent single-family
residences; and that an eight (8) foot high masonry block
wall shall be constructed along the south property line
except the front setback where that wall height shall not
exceed three (3) feet; provided, however, that the City
Traffic Engineer shall review and approve the wall height
to verfiy that safe visual lines-of-sight are maintained
for vehicular traffic and pedestrians.
20. 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. 1, 2, 4, 5, 9, 10,
12, 13 and 18, 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.
21. That prior to final building and zoning inspections,
Condition Nos. 3, 6, 7, 16 and 19, above-mentioned, shall
be complied with.
-6-
GRNTG CUP 83209
22. That there shall be no sale of fast foods of any kind.
23. That the car wash operation shall be limited the hours of
operation from 8:00 am to 5:00 pm as stipulated to by the
petitioner.
24. 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 December, 1989.
~~~
e THE OF A A EI
ATTEST:
~~ ~~~
CI CLERK Or T E CITY OF ANAHEIM
JLW:db
3409L
120889
-7-
GRNTG CUP 83209
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. 89R-452 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 December, 1989, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-452 on the 12th day of December, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of December, 1989.
~~_ 7t S;; d
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. 89R-452 duly passed and
adopted by the Anaheim City Council on December 5, 1989.
~~"lf,~
CITY CLERK OF HE CITY OF ANAHEIM