1985-148RESOLUTION NO. 85R-148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2664.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from BURTON ZOUL, owner, and RICHARD SELEINE, agent, to permit a
convenience market with gasoline sales and off-sale beer and wine
upon certain real property located within the City of Anaheim,
County of Orange, State of California, legally described as:
THAT PORTION OF LOT 26 OF ANAHEIM EXTENSION, AS SHOWN
ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN
THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA, A COPY OF WHICH IS SHOWN IN BOOK
3, PAGE 163 ET SEQ. ENTITLED "LOS ANGELES COUNTY MAPS"
IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF BALL ROAD
AND LOS ANGELES STREET; THENCE NORTH 15° 32' 15" WEST
213.19 FEET ALONG THE SAID CENTERLINE OF LOS ANGELES
STREET TO THE LINE PARALLEL WITH AND SOUTHERLY 290.00
FEET FROM THE NORTHERLY LINE OF THE LAND DESCRIBED IN
DEED TO R. L. KEITH AND WIFE, RECORDED NOVEMBER 18,
1946 IN BOOK 1456, PAGE 555 OF OFFICIAL RECORDS;
THENCE SOUTH 74° 20' 15" WEST PARALLEL WITH SAID
NORTHERLY LINE TO A LINE PARALLEL WITH AND 200.00 FEET
WESTERLY FROM SAID CENTERLINE OF LOS ANGELES STREET;
THENCE SOUTH 15° 32' 15" EAST 157.52 FEET PARALLEL
WITH SAID LOS ANGELES STREET CENTERLINE TO THE
CENTERLINE OF SAID BALL ROAD; THENCE NORTH 89° 55' 15"
EAST 207.51 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 all evidence and reports offered at
said hearing, did adopt its Resolution No. PC85-69 denying
Conditional Use Permit No. 2664; 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 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, 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. 2664 be, and the same is hereby,
granted permitting a convenience market with gasoline sales and
off-sale beer and wine on the hereinabove described real
property, subject to the following conditions:
1. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land 53 feet
in width from the centerline of the street along Anaheim
Boulevard and 53 feet in width from the centerline of the street
along Ball Road for street widening purposes.
2. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to the
City of Anahein in an amount as determined by the City Council
for new commercial buildings.
3. That sidewalks shall be installed along Anaheim
Boulevard and Ball Road as required by the City Engineer and in
accordance with standard plans and specifications on file in the
Office of the City Engineer.
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4. That the two remaining driveways shall be reconstructed
to accommodate ten (10) foot radius curb returns as required by
the City Traffic Engineer.
5. That drainage of subject property shall be disposed of
..~-- in a manner satisfactory to the City Engineer.
6. That subject property shall be served by underground
utilities.
7. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department.
8. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division. In addition, the
trash storage area indicated on Exhibit No. 1 shall be relocated
to an accessible location approved by the Street Maintenance and
Sanitation Division.
9. That the owner of subject property shall pay to the
City of Anaheim a fee for street lighting along Anaheim Boulevard
and Ball Road in an amount as determined by the City Council.
10. 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.
11. 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 a 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 within 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 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.
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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 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 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.
12. That the owner of subject property shall pay to the
City of Anaheim a fee for tree planting purposes along Anaheim
Boulevard and Ball Road in an amount as determined by the City
Council.
13. That separate men's and women's restroom facilities
shall be provided on the premises.
14. That the existing most southerly driveway on Anaheim
Boulevard, and the most easterly driveway on Ball Road shall be
removed and replaced with a standard curb, gutter, sidewalk and
landscaping.
15. That the owner of subject property shall submit a
letter requesting termination of Variance No. 278 to the Planning
Department.
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 propertied.
17. That the proposal shall comply with all signing
requirements of the CL Zone, unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
18. That no alcoholic beverages, except beer and wine shall
be sold on the premises.
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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 Exhibit Nos. 1 through 5; provided, however,
that a "no left-turn" sign shall be installed at the Ball Road
driveway (to prohibit left-turns by exiting traffic) until such
time as the raised median is constructed in Ball Road in front of
subject property. The design and location of said sign shall be
approved by the City Traffic Engineer. Said sign will not be
required if the raised median has been constructed prior to
completion of this development.
20. That prior to issuance of a building permit, or within
a period of one year from the date of this resolution, whichever
occurs first, Conditions 1, 2, 9, 10, 12 and 15, 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.
21. That prior to final building and zoning inspections,
Condition Nos. 3, 4, 5, 6, 8, 11, 13, 14, 16 and 19,
above-mentioned, shall be complied with.
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 16th day of April; 1985.
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C~'~
MAYOR OF THE CITY OF ANAHEIM
ATTEST;
CIS CLERK OF THE CITY OF ANAHEIM
JLW:fm
3622M
051785
-5-
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. 85R-148 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on '"'~"'"'~
the 16th day of April, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-148 on the 16th day of April, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 16th day of April, 1985.
CITY CLERK OF THE CITY OF ANAHEI
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-148 duly passed and
adopted by the Anaheim City Council on April 16, 1985.
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CITY CLERK ---