84R-359
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RESOLUTION NO. 84R-359
A RESOLUTI~ OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM! GRANTING CONDITIONAL USE PERMIT
NO. 2582.
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WHEREAS, t~ City Planning Commission of the City of
Anaheim did receive ~P, applic~tion for a conditional use permit
from ATLANTIC RICHFI~D COMP~, owner, to permit a convenience
market with gasoline ,sales and sale of beer and wine for
off-premises consump~!ion upon certain real property located within
the City of Anaheim,' County of Orange, State of California,
legally described as,:
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BEING A PORTIO~ ,OF THE E~ST HALF OF THE EAST 20 ACRES
OF THE SOUTHEASm QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 7, TO~HIP 4 SOOTH, RANGE 10 WEST, IN THE
CITY OF ANAHEI~, AS SHO~ ON A MAP RECORDED IN BOOK
51, PAGE 10, MI~CELLANEooS MAPS, RECORDS OF ORANGE
COUNTY, CALIFO~IA DESCRIBED AS FOLLOWS:
BEGINNING AT T~ SOUTH QUARTER CORNER OF SAID SECTION
7: THENCE WEST~LY 187.75 FEET ALONG THE SOUTHERLY
LINE OF THE SOqrnHWEST QUARTER OF SAID SECTION 7:
THENCE NORTHE~Y 40.00 FEET, MEASURED AT RIGHT ANGLES,
ALONG A LINE P!" .,ALLE L WI.T H THE EASTERLY LINE OF THE
SOUTHWEST QUAR R OF SAID SECTION 7 TO THE NORTHERLY
LINE OF LAND D CRIBED IN DEED TO THE STATE OF
CALIFORNIA REcd~ED OCTOBER 15, 1956 IN BOOK 3675,
PAGE 52, OFFICD~ RECORDS AND THE TRUE POINT OF
BEGINNING: TH~E CONTINUING NORTHERLY 150.00 FEET
ALONG SAID PAR~LEL LINE: THENCE EASTERLY 167.75 FEET
ALONG A LINE P~ALLEL WITH THE SOUTHERLY LINE OF THE
SOUTHWEST QUAR~gR OF SAID SECTION 7 TO THE WESTERLY
LINE OF AN EASBMENT DESCRIBED IN DEED TO THE COUNTY OF
ORANGE RECORDED OCTOBER 25, 1951 IN BOOK 2246, PAGE
120, OFFICIAL ~CORDS, SAID WESTERLY LINE BEING
PARALLEL WITH ~D 20.00 FEET WESTERLY OF THE E~STERLY
LINE OF THE SOOTHWEST QUARTER OF SAID SECTION 7;
THENCE SOUTHERLY 40.00 FEET ALONG SAID PARALLEL LINE
TO THE NORTHERLY LINE OF AN EASEMENT DESCRIBED IN DEED
TO THE CITY OF ANAHEIM RECORDED OCTOBER 19, 1956, IN
BOOK 3684, PAGE 230, OFFICIAL RECORDS: THENCE WESTERLY
20.00 FEET ALO~G SAID NORTHERLY LINE, BEING PARALLEL
WITH THE SOUTHa~y LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 7, TO THE WESTERLY LINE OF AN EASEMENT
DESCRIBED IN SAID DEED TO THE CITY OF ANAHEIM, SAID
WESTERLY LINE BEING PARALLEL WITH AND 40.00 FEET
WESTERLY OF THE EASTERLY LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION 7: THENCE SOUTHERLY 90.00 FEET ALONG
SAID WESTERLY ~INE TO THE NORTHERLY TERMINUS OF LAND
DESCRIBED IN D~tD TO THE STATE OF CALIFORNIA, SAID
NORTHERLY TERMtNUS BEING 60.00 FEET NORTHERLY,
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MEASURED AT RIG~ ANGLES, OF THE SOUTHERLY LINE OF THE
SOUTHWEST QUAR~R OF SAID SECTION 7: THENCE
SOUTHWESTERLY ~NG THE NORTHWESTERLY LINE OF LAND
DESCRIBED IN S~P DEED TO THE STATE OF CALIFORNIA TO A
POINT IN SAID N~THERLY LINE OF LAND DESCRIBED IN DEED
TO THE STATE OF CALIFORNIA, SAID POINT BEING 60.00
FEET FROM THE E~TERLY LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION! 7: THENCE WESTERLY 127.75 FEET ALONG
SAID NORTHERLY t.iINE TO THE TRUE POINT OF BEGINNING.
EXCEPT THE SOUTHERLY 150.00 FEET OF THE EASTERLY
175.00 FEET OF S~ID SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTOCbN 7: and
WHEREAS, the City Planning Commission did hold a public
hearing upon said app~ication at the City Hall in the City of
Anaheim, notices of ~~ich public hearing were duly given as
required by law and tbe provisions of Title 18, Chapter 18.03 of
the Anaheim Municipa~ Code: and
WHEREAS, s~~d Commission, after due inspection,
investigation and stuaies made by itself and in its behalf and
after due considerat~bn of all evidence and reports offered at
said hearing, did adppt its Resolution No. PC84-l25 denying
Conditional Use Permit No. 2582: and
WHEREAS, t~~reafter, within the time prescribed by law,
an interested party p~ the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing: and
WHEREAS, a~ the time and place fixed for said public
hearing, the City Co~ncil did duly hold and conduct such hearing
and did give all per8pns interested therein an opportunity to be
heard and did receiv. evidence and reports: and
WHEREAS, t~e City Council finds, after careful consi-
deration of the reco"endations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The propos,a use is properly one for which a conditional
use permit is authorlted by the Anaheim Municipal Code.
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2. The propos,a use will not adversely affect the adjoin-
ing land uses and th. growth and development of the area in which
it is proposed to be located.
3. The size a~a shape of the site proposed for the use is
adequate to allow th~ full development of the proposed use in a
manner not detrimenta~ to the particular area nor to the peace,
health, safety and g.neral welfare.
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4. The traffic generated by the proposed use will not
impose an undue burd~n upon the streets and highways designed and
improved to carry the traffic in the area.
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5. The grantipg of the conditional use permit under the
conditions imposed w~~l not be detrimental to the peace, health,
safety and general wiellfare of the citizens of the City of Anaheim.
NOW, THERErcRE, BE IT RESOLVED by the City Council of
the City of Anaheim ~~at, for the reasons hereinabove stated, the
action of the City P~~nning Commission denying said conditional
use permit be, and tn~ same is hereby, reversed and that
Conditional Use Permit No. 2582 be, and the same is hereby,
granted permitting a convenience market with gasoline sales and
sale of beer and wine for off-premises consumption on the
hereinabove described real property, subject to the following
conditions:
1. That prior to issuance of a building permit, primary
water main fees shall be paid to the City of Anaheim, in an amount
as determined by the Office of the Utilities General Manager for
that portion of subje~t property described as Portion "A" on maps
filed in the Planning Department of the City of Anaheim.
2. That the o~ner of subject property shall pay to the City
of Anaheim a fee for' tree planting purposes along Lincoln Avenue
and Gilbert Street in an amount as determined by the City Council.
3. That prior to issuance of a building permit, the
appropriate traffic $lgnal aS$essment fee shall be paid to the
City of Anaheim in an amount as determined by the City Council for
new commercial buildings.
4 (a) That ~~l engineering requirements of the City of
Anaheim along Gilbert Street and Lincoln Avenue, including
preparation of improvement plans and installation of all
improvements such as curbs ana gutters, sidewalks, street grading
and pavement, sewer .nd drainage facilities, or other appurtenant
work shall be complied with as required by the City Engineer and
in accordance with specifications on file in the Office of the
City Engineer: and tbat security in the form of 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 of said
improvements. Said security shall be posted with the City prior
to approval of improvement plans, to guarantee the installation of
~, the above-required improvements prior to occupancy.
(b) That off-site engineering requirements of the City
of Anaheim along Gilbert Street from the north boundary of subject
property northerly fOr a distance of approximately 130 feet to a
point approximately 320 feet north of the centerline of Lincoln
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Avenue, including p~~paration of improvement plans and
installation of all improvements such as curbs and gutters,
sidewalks, street g~~ding anq pavement, sewer and drainage
facilities, or othe~ appurtenant work shall be complied with as
required by the City Engineer and in accordance with specifica-
tions on file in the Office of the City Engineer: and that
security in the form of a bond, certificate of deposit, letter of
credit, or cash, in an amount and form satisfactory to the City of
Anaheim, shall be pa~ted with the City to guarantee the
satisfactory comple~~on of said improvements. Said security shall
be posted with the City prior to approval of improvement plans, to
guarantee the installation of the above-required prior to
occupancy.
5. That drainage of subject property shall be disposed of
in a manner satisfaCtory to the City Engineer.
6. (a) That ;street lighting facilities along Gilbert
Street shall be inst~lled as required by the Utilities General
Manager in accordanqe with specifications on file in the Office of
Utilities General Ma~ager, and that security in the form of a
bond, certificate of'deposit, letter of credit, or cash, in an
amount and form satisifactory to the City of Anaheim, shall be
posted with the City 'to guarantee the satisfactory completion of
the above-mentioned ~~provements. Said security shall be posted
with the City of Anaheim prior to approval of improvement plans.
The above-required improvements shall be installed prior to
occupancy.
(b) That pff-site street lighting facilities along
Gilbert Street, from the nortn boundary of subject property
northerly for a dist~nce of approximately 130 feet to a point
approximately 320 feet north of the centerline of Lincoln Avenue,
shall be installed a$ required by the Utilities General Manager in
accordance with spectfications on file in the Office of Utilities
General Manager, and that security in the form of a bond,
certificate of deposit, letter of credit, or cash, in an amount
and form satisfactor~ to the City of Anaheim, shall be posted with
the City to guarantee the satisfactory completion of the
above-mentioned improvements. Said security shall be posted with
the City of Anaheim prior to approval of improvement plans. The
above-required improvements shall be installed prior to occupancy.
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7. That the existing most southerly driveway on Gilbert
Street shall be removed and replaced with a standard curb, gutter,
sidewalk and landscaping: the existing most easterly driveway on
Lincoln Avenue shall be relocated as shown on Revision No. 1 of
Exhibit 1 on file in the Planning Department of the City of
Anaheim.
8. That all d~~veways shall be designed to accommodate ten
(10) foot radius curb returns as required by the City Traffic
Engineer.
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9. That subject property shall be served by underground
utilities.
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10. That in aqqordance with the City Fire Marshal, the
fOllowing minimum s~~ndards shall apply:
a. Tha~ dispensing devices shall be located a m1n1mum
distance of ten (10~ feet from a property line and so located that
all parts of a vehi~te being serviced will be on private property.
b. Thatdispenstng devices shall be located not less
than ten (10) feet ~~om any building which is not fire resistive
construction. Such ~evices shall also be located so that the
nozzle, when hose is fully extended, shall not reach within five
(5) feet of any builqing opening.
c. That dispensing devices shall be protected against
physical damage fro.: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 Chief.
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 attendant's primary function shall be to
supervise, observe ahd control the dispensing of gasoline.
f. That the dispensing of gasoline shall not be into
portable containers Unless such containers are of approved mater-
ial 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 i$nition and immediately handle accidental
spills and fire extibguishers if necessary.
h. That ~mergency controls shall be installed at a
location acceptable tb the Fite Department, but controls shall not
be more than 100 feet from dispensers.
i. That instructions for the operation of dispensers
shall be conspicuouslt posted.
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j. That remote preset-type devices are to be in the
"off" position while not in use so the dispenser cannot be acti-
vated without the kn~~ledge of the attendant.
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11. That trasb storage areas shall be provided in accord-
ance with approved plans on file with the Street Maintenance and
Sanitation Division.
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12. That all air conditioning facilities shall be properly
shielded from view, and the sound buffered from adjacent
properties.
13. That the ~.oposal shall comply with all signing
requirements of the '~L Zone, unless a variance allowing sign
waivers is approved~y the Planning Commission or City Council.
14. That a si~ (6) foot high masonry block wall shall be
constructed along the north and west property lines.
15. That any ~roposed parking area lighting fixtures shall
be down-lighted with a maximQm height of twelve (12) feet. Said
lighting fixtures s~ll be directed away from adjacent property
lines to protect the residential integrity of the area.
16. That this Conditional Use Permit is granted subject to
the completion of Redlassification No. 83-84-33, now pending.
17. That the OWner of subject property shall submit a letter
requesting terminatipn of Conditional Use Permit No. 583 to the
Planning Department.
18. That the pa:'!operty owner shall by recorded deed
irrevocably offer to,~edicate to the City of Anaheim, the on-site
and off-site right-olf!-way, variable in width, as required by the
City Engineer along ~ilbert S~reet over and across the area
referred to in CondH:!ion Nos. 4(b) and 6(b) of this resolution
with the exception of the northerly 78 feet thereof not owned by
the property owner which 78 feet of right-of-way shall be acquired
by the City of Anahei. at its sole cost and expense.
Notwithstanding any other provision hereof, property owner's
obligation to install improve.ents over said northerly 78 feet of
right-of-way and the approximately 50 feet of off-site
right-of-way along Gl~bert Street as set forth in Condition Nos.
4(b) and 6(b) hereof (which areas are identified by orange and red
cross-hatch marks on Revision No. 1 of Exhibit No. 1 on file in
the Planning Department) shall not accrue until following notice
to property owner by City that City has acquired the northerly 78
feet of right-of-way along Gilbert Street as herein provided.
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19. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked ReYision No. 1 of Exhibit No. 1 and Exhibit Nos.
2 and 3. The placement of all driveways shall be subject to the
approval of the City ~raffic Engineer.
20. That prior to the commencement of the activity author-
ized under this resolution, or prior to the time that a building
permit is issued, or within a period of one (1) year from the date
of this resolution, w~ichever occurs first, Condition Nos. 1, 2,
3, 17 and 18, above-mentioned, shall be complied with. Extensions
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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. 5, 7, '8, 9, 10, 11, 12, 14 and 15, above-
~. mentioned, shall be ~omplied with.
22. That ther~ shall b~ a minimum of two (2) employees on
site whenever both the gasoline dispensing and convenience market
are open to the pub~ic, one (1) o'f whom shall be responsible for
supervising, observing and controlling the gasoline dispensing, as
specified in Condition No. 10 herein.
BE IT FUR1HER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon app~icant's dompliance with each and all of the
conditions hereinabqve set forth. Should any such conditions, or
any part thereof, be declared invalid or unenforceable by the
final judgment of ar.$Y court of competent jurisdictio~, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
THE FOREGd~NG RESOLUTION is approved and adopted by the
City Council of the ,Gity of Anaheim this 11th day of September,
1!84. ~
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MAYOR OF CITY 0 Al4MEIM
ATTEST:
CIT~1i ~~~EIM
JLW:b1:kh
3l64M
110684
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOijL, City Cle,~ of ~he CJty of ~ahe1a, do bereby certify that
the foregoing Resolution No. '~4R-359 wa~ introduced and adopted at a regular
meeting provided by law, of .~e City Co~cil of the City of Anaheim held on
the 11th day of September, 1~.4, by the following vote of the members thereof:
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AYES: COUNCIL KEKBEIlS: Bay, Over~olt, Pickler and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL KEKBERS: None
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AND I lURTHERcertify tha~ t~ Mayor of, the City of ADabeim signed said
Resolution No. 84R.-359 on th4 !llth day ~f September" 1~4.
IN W, I"SSJ,"~, ':, ,'. ' I have h,~, eunto set i my hand and afUxed t~~.. seal of the
City. of 4n~."thi~ 11th daj' ;of September, 1984. ., , .'.'
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CITY cLERf ot 1d~Ify' '.. " .
(SEAL)
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I, LEoIoRA N. SOHL, City Cle!'~ of the City of Anaheim, do hereby certify that
the foregoing is the origina, i of Resolution No. 84,R-359 duly passed and
adopted by the Anaheim Cityouncil on September 11, 1984.
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CITY c~ -
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