RES-1989-244RESOLUTION NO. 89R-244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3149.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from EXXON CORPORATION, 1200 Smith Street, Houston, TX 77210,
owner, and TAIT AND ASSOCIATES, 800 N. Eckhoff Street, agent to
permit an automobile service station and convenience market, upon
certain real property located within the City of Anaheim, County
o£ Orange, State of California, legally described as:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN BOOK
51, PAGE 10, OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT AT THE CENTERLINE INTERSECTION OF LINCOLN
AVENUE (FORMERLY ANAHEIM-OLIVE ROAD) AND RIO VISTA
STREET AS PER MAP FILED IN BOOK 17, PAGE 39, OF
RECORDS OF SURVEYS, IN THE OFFICE OF SAID COUNTY
RECORDER; THENCE, ALONG THE CENTERLINE OF SAID LINCOLN
AVENUE NORTHWESTERLY 195.00 FEET; THENCE PARALLEL WITH
SAID RIO VISTA STREET NORTHERLY 210.00 FEET; THENCE
PARALLEL WITH SAID LINCOLN AVENUE SOUTHEASTERLY 195.00
FEET TO SAID CENTERLINE OF RIO VISTA STREET; THENCE
SOUTHERLY ALONG THE CENTERLINE OF SAID RIO VISTA
STREET 210.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHWESTERLY 50.00 FEET AND
THE EASTERLY 30.00 FEET THEREOF.
ALSO EXCEPTING ALL OF THAT PORTION THEREOF DESCRIBED
IN THE DEED TO THE STATE OF CALIFORNIA DATED SEPTEMBER
16, 1963 AND RECORDED NOVEMBER 26, 1963 , IN BOOK 6817
AT PAGE 876, OFFICIAL RECORDS OF ORANGE COUNTY,
CALIFORNIA; 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 3149
~HEREAS, 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. PC89-112 granting
Conditional Use Permit No. 5149; 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 ali 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.
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. 3149 be, and the same is hereby,
granted permitting an automobile service station and convenience
market on the hereinabove described real property, subject to the
following conditions:
·
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.
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·
That sidewalks shall be repaired along Lincoln Avenue and
Rio Vista Street as required by the City Engineer and in
accordance with standard plans and specifications on file in
the Office of the City Engineer.
·
That the existing most southerly driveway on Rio Vista
Street shall be removed and replaced with a standard curb,
gutter, sidewalk and landscaping.
That the existing most easterly driveway on Lincoln Avenue
shall be removed and replaced with a standard curb, gutter,
sidewalk and landscaping.
That the reconstructed driveways on Lincoln Avenue and Rio
Vista Street shall be constructed with ten (10) foot radius
curb returns as required by the City Engineer.
·
That an on site circulation plan showing adequate room for
gasoline tanker trucks shall be approved by the City Traffic
Engineer.
·
That a fee shall be paid to the City of Anaheim for street
lighting along Lincoln Avenue in an amount as established by
City Council resolution.
·
That street lighting facilities along Rio Vista Street shall
be installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of
Utilities General Manager; or that security in the form o£ a
bond, certificate of deposit, letter of credit, or cash, in
an amount and form satisfactory to the City of Anaheim,
shall be posted with the City to guarantee the satisfactory
completion o£ the above-mentioned improvements. Said
security shall be posted with the City of Anaheim prior to
issuance of a building permit. The above-required
improvements shall be installed prior to occupancy.
·
That subject property shall be served by underground
utilities.
10. That, as required by the City Fire Department, television
monitors shall be installed on all gasoline dispensing
islands so that the attendant is able to see the islands at
all times.
11. That as required by the Uniform Fire Code, the following
minimum standards shall apply:
a ·
Tha~ 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.
5 CUP 5149
b ·
C ·
d ·
e ·
f ·
g·
h ·
i ·
j ·
k ·
I ·
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.
^lternate 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.
That the attendant shall at all times be able to
communicate with persons in the dispensing area via a
two-way speaker system.
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12. That there shall be no sale of beer, wine or other alcoholic
beverages of any kind on the premises.
15. 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.
14. That in conformance with Anaheim Municipal Code Section
18.44.050.070, a recorded agreement shall be submitted 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. Said agreement shall
be reviewed and approved by the City Attorney prior to
recordation with the office of the Orange County Recorder.
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 on-site freestanding signage shall be limited to one
(1) monument-type sign having a maximum size of 52 square
feet. Said sign shall be shown on and conform to plans
submitted for building permit.
18. That a six (6)-foot high masonry block wall shall be
maintained along the north and west property lines excepting
the front setbacks where the wall height shall not exceed
three (5) feet.
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 fifteen (15)-gallon trees shall be planted on
minimum twenty (20)-foot centers, including appropriate
irrigation facilities, shall be installed and maintained
along the north and west property lines.
21. That revised plan shall be submitted to and approved by the
Planning Department showing relocation of the air and water
facilities so that they are easily available to the
traveling public.
5 CUP 5149
That the on-site landscaping shall be maintained in
compliance with City standards.
25. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 451 to
the Zoning Division.
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 and
Exhibit No. 2, provided that Revision No. 1 of Exhibit No. 1
shall show relocation of the air and water facilities so
they are readily accessible to the traveling public.
25. 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, 6, 7, 8, 14, 17,
18, 21 and 23, 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. 2, 3, 4, 5, 8, 9, 10, 15, 16, 17, 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
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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 20th day of June, 1989.
ATTEST'
CITY CLERK OF THE CITY OF ANAHEIM
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062989
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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-244 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 20th day of June, 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-244 on the 6th day of July, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of July, 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-244 duly passed and
adopted by the Anaheim City Council on June 20, 1989.
CITY CLERK OF THE CITY OF ANAHEIM