86R-344
RESOLUTION NO. 86R-344
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2788.
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 STAFAC INC., c/o THE CORPORATION TRUST COMPANY, ATTN: MR.
JOSEPH BARBERA, 100 West 10th Street, Wilmington, Delaware 19801,
owner, and SHELL OIL COMPANY, FRANCIS FULLER, DISTRICT ENGINEER,
511 North Brookhurst Street, Anaheim, California 92801, agent..upon
certain real property located within the City of Anaheim, County
of Orange, State of California, legally described as:
THE EAST 203.00 FEET OF THE SOUTH 203.00 FEET OF LOT
14, IN BLOCK "K" OF THE KRAEMER TRACT, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS
SHOWN ON A MAP RECORDED IN BOOK 12 PAGES 87 AND 88 OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES 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
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. PC86-l22 denying
Conditional Use Permit No. 2788; 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, 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
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission denying said conditional
use permit be, and the same is hereby, reversed; and that
Conditional Use Permit No. 2788 be, and the same is hereby,
granted in part permitting a self-service gasoline station and
foodmart without off-sale beer and wine on the hereinabove
described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
SECTIONS 18.05.093.021
AND 18.05.098
SECTIONS 18.05.093.023
AND 18.05.098
Maximum number of freestanding
signs.
Permitted location of
freestanding signs.
SECTIONS 18.05.093.0231 -
AND 18.05.098
Minimum distance between
freestanding signs.
subject to the following conditions:
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1. 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 determined by the City Council
for new commercial buildings.
2. That prior to issuance of a building permit, the owner
of subject property shall pay the appropriate drainage
assessment fees to the City of Anaheim in an amount as
determined by the City Engineer.
3. That damaged and/or hazardous sidewalks shall be
removed and/or reconstructed along La Palma Avenue and Kraemer
Boulevard as required by the City Engineer and in accordance
with standard plans and specifications on file in the Office of
the City Engineer.
4. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land 65 feet
in width from the centerline of the street along Kraemer
Boulevard and La Palma Avenue for street widening purposes.
This offer of dedication shall be conditioned upon the adoption
of a Critical Intersection Ordinance by the City of Anaheim.
5. That street lighting facilities along Kraemer
Boulevard shall be installed as required by the Utilities
General Manager in accordance with specifications 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 satisfactory 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 issuance of
building permits. The above-required improvements shall be
installed prior to occupancy.
6. That the owner/developer shall construct median
islands in La Palma Avenue and Kraemer Boulevard approximately
200 feet in length as approved by the City Traffic Engineer.
7. That unless waived by the City Fire Marshal, the
following minimum standards shall apply:
a. That dispensing devices shall be located a
minimum distance of 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 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, shall not reach with 5 feet
of any building opening.
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c. That dispensing devices shall be protected
against physical damage from vehicles by mounting on a concrete
island a minimum of 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 and control the dispensing of gasoline.
f. That the dispensing of gasoline shall not be
into portable containers unless such containers are of approved
material and contruction, 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 Fire Department, but controls shall
not be more than 100 feet from dispensers.
i. That instructions for the operation of
dispensers shall be conspicuously posted.
j. That remote preset-type devices are to be in the
"off" position while not in use so the dispenser cannot be
activated without the knowledge of the attendant.
8. 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 No.4, 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.
9. That subject property shall be developed substantially
in accordance with plans and specifications on file with the
City of Anaheim marked Exhibit Nos. 1, 2 and 3.
10. That prior to final building and zoning inspections,
Condition Nos. 3, 6, 7 and 9, above-mentioned, shall be complied
with.
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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 22nd day of July,
1986.
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-344 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 22nd day of July, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Overholt, Bay and Roth
NOES:
COUNCIL MEMBERS: Pickler
ABSENT:
COUNCIL MEMBERS: Kaywood
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-344 on the 22nd day of July, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of July, 1986.
~~.~~
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. 86R-344 duly passed and
adopted by the Anaheim City Council on July 22, 1986.
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CITY CLERK
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