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RES-1989-198RESOLUTION NO. 89R-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3128, IN PART. WHEREAS, the City Planning Commission o£ 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 ANNE HENNING PAULUS, Eastlake Shore, Big Fork, Montana, 59911, owner, and MOBIL OIL CORPORATION, Attn: J.H. Huntsberry, 1255 Corporate Center Drive, Ste. #201, Monterey Park, CA 91754, agent, to permit an automobile service station, car wash, and convenience market with off-sale of beer and wine and waiver of the minimum required retail sales area upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL B, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 33, PAGE 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. AND THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, IN TOWNSHIP 4 SOUTH, RANGE 9 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS RECORDS OF ORANGE COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINES OF RIO VISTA STREET AND ANAHEIM OLIVE ROAD, NOW KNOWN AS LINCOLN AVENUE, AS SAID STREETS ARE SHOWN ON A MAP OF SURVEY RECORDED IN BOOK Z1, PAGE 45, RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY AND RUNNING THENCE SOUTH 0 DEG 19' 30" WEST, ALONG SAID CENTER LINE OF RIO VISTA STREET, 21Z.77 FEET; THENCE NORTH 89 DEG. 57' 45" EAST 19Z.36 FEET; THENCE NORTH 0 DEG 19' 30" EAST, PARALLEL WITH SAID CENTER LINE OF RIO VISTA STREET, 175.04 FEET TO SAID CENTER LINE OF LINCOLN AVENUE; THENCE NORTH 78 DEG 55' 30" WEST, ALONG SAID CENTER LINE, 195.00 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 ail evidence and reports offered at said hearing, did adopt its Resolution No. PC89-8§ denying Conditional Use Permit No. 5128; 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 Commiasion 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. Z. 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. 5. 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 that the applicant has withdrawn its request for (1) sale of fast food, (2) off-sale of beer and wine, and (5) waiver of the minimum required retail sales area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 3128 be, and the same is hereby, granted permitting an automobile service station, car wash and convenience market on the hereinabove described real property subject to the following conditions: I · That as required by the Oniform Fire Code, the following minimum standards shall apply: 053189 -2- a · b · c · d · e · g· h · i · j · k · 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. 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 (5) feet of any building opening. 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. 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. 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. That instructions for the operation of dispensers shall be conspicuously posted. 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 all times and no obstacles shall be placed between the dispensing devices and the attendant. 053189 -3- I · That the attendant shall at all times be able to communicate with persons in the dispensing area via a two-way speaker system. Z · That in the event a parcel map is not recorded combining the 2 existing lots, the legal property owner shall furnish the Zoning Division with a copy of a recorded covenant and agreement in a form approved by the City Attorney agreeing to hold subject property as one parcel. · 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. · That the existing driveways on Rio Vista Street and Lincoln Avenue, closest to the corner shall be removed and replaced with standard curb, gutter, sidewalk and landscaping· · That the legal owner of subject property shall irrevocably offer to dedicate a portion of land along a twenty-five (25) foot radius corner return at the intersection of Rio Vista Street and Lincoln Avenue. · That the driveways on Rio Vista Street and Lincoln Avenue shall be reconstructed to accommodate ten (10) foot radius curb returns. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. · That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. The existing drainage flow pattern line the private alley along south property line shall be maintained· In addition, all waste water produced by the car wash shall be disposed of on-site. · That during hours of operation of subject facility, separate men's and women's restrooms shall be available to the public, and properly supplied and maintained. · That subject property shall be served by underground utilities. 10. That as required by the City Traffic Engineer, a maximum 35-foot width shall be permitted for the driveway approaches. 11. That as required by the City Traffic Engineer, the driveways shall be located a minimum of 110 feet from the intersection of Lincoln Avenue and Rio Vista Street. 053189 -4- 12. That a parking plan indicating compliance with City parking lot design standards shall be submitted to and approved by the City Traffic ~.ngineer. 13. That a fee shall be paid to the City of Anaheim for tree planting along the southerly lot on Rio Vista Street in an amount as established by City Council resolution. 14. That unloading gasoline products from 43-foot "interstate trailers" or larger conveyances, shall be prohibited. 15. 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. 16. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. 17. That the proposal shall comply with all signing requirements of the CL Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 18. That a six (6)-foot high masonry block wall shall be constructed and maintained along the south property line excepting the front setback where the wall height shall be three (3) feet provided the City Traffic Engineer shall have the authority to reduce the height of the wall to protect visual line-of-sight where pedestrian/vehicular circulation occurs. 19. 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. 20. That minimum 15-gallon trees planted on minimum 20-foot centers and, with appropriate irrigation facilities, shall be installed and maintained along the east property line and along the north boundary of the 20-foot wide access easement. 21. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit Nos. 256 and 2619 to the Zoning Division. 22. That in conformance with Anaheim Municipal Code Section 18.44.050.070, a recorded agreement shall be provided to the Zoning Division agreeing to remove the service station 053189 -5- 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. 23. That the on-site landscaping shall be maintained in compliance with City standards. 24. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit No. 1, provided, however, that the free-standing sign shall be limited to a maximum 8-foot high, maximum 63-square feet monument sign and that prior to issuance of a sign permit the exact location of said monument sign shall be submitted to the City Traffic Engineer for review and approval to verify that safe visual lines of sight are being maintained between the public streets, sidewalks and driveways. 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, Z, 3, 4, 5, 7, 8, 10, 11, 12, 13, 21 and 22 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. 26. That prior to final building and zoning inspections, Condition Nos. 1, 4, 6, 7, 8, 9, 10, 11, 15, 16, 18, 19, 20 and 24 above-mentioned, shall be complied with. 27. 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 ail 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. 053189 -6- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25rd day of May, 1989. MAYOR OF THE CITY OF ANAHEIM PRO TE.M ATT~ CITY CLERK OF THE CITY OF ANAHEI-M JL~:kh 3125L 055189 053189 -7- 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-198 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 May, 1989, by the following vote of the members thereof: AYES · COUNCIL MEMBERS' Daly, Ehrle, Pickler and Kaywood NOES' COUNCIL MEMBERS' None ABSENT' COUNCIL MEMBERS' Hunter AND I FURTHER certify that the Mayor Pro Tem of the City of Anaheim signed said Resolution No. 89R-198 on the 6th day of June, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of June, 1989. 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-198 duly passed and adopted by the Anaheim City Council on May 23, 1989. CITY CLERK OF THE CITY OF ANAHEIM