RES-1989-199RESOLUTION NO. 89R-199
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3129, IN PART.
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 MOBIL OIL CORPORATION, ATTN: J. H. HUNTSBERRY, 1255
Corporate Center Drive, Monterey Park, CA 91754, owner, 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:
THAT PORTION OF LOT 4 OF THE SOUTH PLACENTIA TRACT NO.
2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 42 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4, SAID
CORNER HAVING BEEN CONSTRUED BY FORMER DEEDS TO BE THE
INTERSECTION OF THE "WEST LINE OF SECTION 1 TOWNSHIP 4
SOUTH, RANGE 10 WEST, S.B.M." AS SHOWN ON SAID MAP
WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE
OF LOT 2 OF SAID TRACT; THENCE NORTHERLY 199.52 FEET
ALONG SAID WEST LINE; THENCE EASTERLY 197.32 FEET
PARALLEL WITH THE NORTH LINE OF SAID LOT 4; THENCE
SOUTHERLY PARALLEL WITH SAID WEST LINE TO THE
SOUTHEASTERLY LINE OF SAID LOT 4 WHICH HAS BEEN
CONSTRUED BY FORMER NEEDS TO THE CENTER LINE OF THE
UN-NAMED STREET NOW KNOWN AS PLACENTIA BOULEVARD ALONG
THE SOUTHEASTERLY SIDE OF SAID LOT 4; THENCE
SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO THE
SAID WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF
SAID LOT 2; THENCE WESTERLY 85.90 FEET ALONG SAID
PROLONGATION TO THE POINT OF BEGINNING.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP
FILED IN BOOK 18, PAGE 14 OF RECORD OR SURVEYS, 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
CUP 3129
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. 89R-89 denying
Conditional Use Permit No. 3129; 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
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 that
the applicant has withdrawn its request for (1) sale of fast
food, (2) off-sale of beer and wine, and (3) 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. 3129 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:
-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.
·
That subject property shall be served by underground
utilities.
·
That the all existing driveways on State College Boulevard
and Placentia Avenue shall be removed and replaced with
standard curb, gutter, sidewalk and landscaping.
That the new driveways 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 the catch basin along State College Boulevard shall be
replaced as required by the City Engineer and in accordance
with standard plans and specifications on file in the office
of the City Engineer.
·
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. Entrance to said trash storage
area shall not be ramped.
·
That as required by the City Traffic Engineer the driveway
on State College Boulevard shall be relocated to the north
property line and the driveway on Placentia Avenue shall
maintain a minimum distance of 110 feet from the
intersection of State College Boulevard.
·
That drainage of subject property shall be disposed of in a
manner satisfactory to the City Engineer.
·
That all parallel parking spaces shall have minimum
dimensions of 8 by 22 feet.
10. That as required by the City Traffic Engineer the driveway
approaches shall have a maximum width of 35 feet.
11. That a parking plan indicating compliance with City parking
lot design standards shall be submitted to and approved by
the City Traffic Engineer.
12. 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 (5) 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
o£ a qualified attendant.
e ·
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.
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 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 ·
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.
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.
·
That the attendant shall at all times be able to
communicate with persons in the dispensing area via a
two-way speaker system.
13. That during hours of operation o£ subject facility, separate
men's and women's restrooms shall be available to the
public, and properly supplied and maintained·
-4-
14. 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
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 (IS) days.
15. That no fast-food service facilities shall be permitted in
this convenience market, unless a variance for parking is
approved by the City Council, Planning Commission or Zoning
Administrator or sufficient code parking is provided.
16. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view.
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 minimum IS-gallon trees planted on minimum 20-foot
centers and, with appropriate irrigation facilities, shall
be installed and maintained along the north and east
property lines.
19. That the on-site landscaping shall be maintained in
compliance with City standards.
20. 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 and
Exhibit Nos. 5 through 7; provided, however, that the
free-standing sign shall be limited to a maximum 8-foot
high, maximum 65 square foot monument sign and that prior to
issuance of a building 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.
21. 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, 7, 8, 9, 10, 11,
15, and 14, 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.
22. That prior to final building and zoning inspections,
Condition Nos. 2, 5, 4, S, 6, 7, 8, 9, 10, 12, 15, 16, 18
and 20, above-mentioned, shall be complied with.
23. 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 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 23rd day of May, 1989.
MAYOR OF THE CITY OF ~[NAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
JLW:kh
3128L
053189
-2-
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-199 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-199 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. $OHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-199 duly passed and
adopted by the Anaheim City Council on May 23, 1989.
CITY CLERK OF THE CITY OF ANAHEIM