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RES-1989-180RESOLUTION NO. 89R-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3109. 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 SHELL OIL COMPANY, Attn: R.H. Meyers, Sr., 511 N. Brookhurst Street, Anaheim, CA 92803, owner and WSECO, Attn: P. KUMAR, 536 W. Arrow Highway, Suite 208, Covina, CA 91722, agent, to permit a convenience market with gasoline sales, fast-food service 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: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 17 PAGE 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER 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. PC89-87 denting Conditional Use Permit No. 3109; 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 ali 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. GRNTG CUP 3109 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. 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 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. The variance(s) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance(s) under the conditions imposed will not be detrimental to the peace, health, safety or 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. 3109 be, and the same is hereby, granted permitting a convenience market with gasoline sales, fast-food service 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 18.06.050.0225 18.06.080 AND 18.48.066.050 Minimum number of parking spaces. (17 required; 15 pro- posed) subject to the following conditions: I · 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. -2- GRNT CUP 3109 · · · That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 81 feet in width from the centerline of the street along Ball Road for street widening purposes. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim, an additional strip of land twelve (12) feet in width along Harbor Boulevard including a Z5 foot radius corner return. That a faithful performance bond in an amount approved by the City Engineer shall be posted with the City of Anaheim prior to issuance of a building permit to guarantee the removal of existing street improvements along Ball Road and Harbor Boulevard and reconstruction/construction of full street improvements at the ultimate location when required by the City Engineer. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer. That, for safe sight visibility, any signage at the southeast corner o£ subject property shall be setback as required by the City Traffic Engineer. That as required by the Uniform Fire Code, 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, will not reach within five (S) 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 six (6) inches in height. Alternate methods of providing equivalent protection may be permitted when 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. e · That the attendants primary function shall be to supervise, observe and control the dispensing of gasoline. -3- GRNTG CUP 5109 f · g· h · 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· That it shall be the attendant's responsibility to control sources of ignition and immediately handle accidental spills and fire extinguishers if necessary. That emergency controls shall be installed at a location acceptable to the City 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 . k · · 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, That the dispensing device shall be in clear view of the attendant at ail times and no obstacles shall be placed between the dispensing devices and the attendant. That the attendant shall at ali times be able to communicate with persons in the dispensing area via a two-way speaker system· · 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. · That subject property shall be served by underground utilities. 10. That a parking plan indicating compliance with City parking lot design standards shall be submitted to and approved by the City Traffic Engineer. 11. That during hours of operation of subject facility, separate men's and women's restrooms shall be available to th'e public and shall be properly supplied and maintained. 12. That in conformance with Anaheim Municipal Code Section 18.48.050.055, a recorded agreement shall be provided to the Zoning Division agreeing to remove the service station structures in the event that the station is closed for a period of twelve (12) consecutive months. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. -4- GRNTG CUP 5109 15. That in compliance with Anaheim Municipal Code Section 18.87.025.020 the off-sale of beer and wine shall be subject to the following: a · An inventory of retail sales items (not including beer, wine, fuel or automotive products) exceeding $10,000.00 shall be maintained on the site; b · Receipts from the sale of beer and wine shall not exceed thirty-five percent (55%) of all retail sales during any 12-month period; C · No display of beer or wine shall be located outside of a building or within five feet of any public entrance to a building; d · The area of beer or wine displays shall not exceed twenty-five percent (25%) of the total display area in a building; e · Cold beer or wine having a temperature below 65° Fahrenheit shall only be sold from or displayed in permanently affixed coolers for the cooling and storage of all refrigerated products; No advertising of beer or wine shall be located, placed or attached to any location outside of the interior of the building and any such advertising shall not be visible to anyone outside o£ the building; g. No video, electronic, or other games shall be permitted; h · Sale of alcoholic beverages shall be made to customers only when the customer is in the building; i · No person under 21 years of age shall sell nor be permitted to sell any beer or wine; j · At least one 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 signs advertising beer or wine; provided, however, that at least two such signs to discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be prominently displayed in the building; k · 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. 14. That all air conditioning facilities and other r,oof and ground mounted equipment shall be properly shielded from view. -5- GRNTG CUP 5109 15. That the proposal shall comply with all signing requirements o£ the CR "Commercial Recreational" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 16. That a six (6)-foot high masonry block wall shall be constructed and maintained along the West property line excepting the front setback where the wall height shall not exceed three (3) feet. 17. That building plans shall show that any proposed parking area lighting fixtures adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area. 18. That minimum 15-gallon trees planted on minimum 20-foot centers, with appropriate irrigation facilities, shall be installed and maintained within the north and west property line planters. 19. That the on-site landscaping shall be maintained in compliance with City standards. 20. That the owner of subject property shall submit a letter requesting termination of Variance No. 3282 and Conditional Use Permit No. 761 to the Zoning Division. 21. That subject property shall be developed substantially in accordance with plans and specifications on file with City o£ Anaheim marked Revision No. 2 of Exhibit No. 1 and Exhibit No. 3; provided, however, that the freestanding signage shall be limited to a monument-type sign (a pole sign shall be prohibited), which monument sign shall be located in conformance with Condition No. 6, herein. 22. That the legal owner of subject property shall provide the City of Anaheim with an agreement, in a form approved by the City Attorney, wherein such owner agrees to remove the monument sign (discussed in Condition Nos. 6 and 21, herein) at his/here expense if such removal is required by the City of Anaheim as a result o£ amendment to the Anaheim Municipal Code modifying permitted business signage in the CR "Commercial Recreation" Zone (for instance, to limit the size of such signs). Said agreement shall be recorded in the Office of the Orange County Recorder and a copy of the recorded agreement shall then be submitted to the Zoning Division. 25. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 10, 12, 17, Z0, and 22, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may -6- GRNTG CUP 3109 be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. Z4. That prior to final building and zoning inspections, Condition Nos. 5, 8, 9, 14, 16, 18 and Z1, above-mentioned, shall be complied with. 25. 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 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 an7 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 day of , 19~9. 9th May ATTEST' CITY CLERK OF ANAHEIM JLW: db 3106L 051589 -7- GRNTG CUP 3109 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-180 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 9th day of May, 1989, by the following vote of the members thereof: AYES: GOUNGIL MEMBERS: Daly, Ehrle and Hunter NOES: GOUNGIL MEMBERS: Pickler and Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-180 on the 24th day of May, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of May, 1989. a .CIT¥ CLER CITy o THE F ANAHEIM ( SEAL) I, LEONOPJ{ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-180 duly pa~sed and adopted by the Anaheim City Council on May 9, 1989. ~.CITY CLERK OF THE CITY ~F ANAHEIM