1985-364RESOLUTION NO. 85R-364
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2693.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from SHELL OIL COMPANY, owner, to permit a convenience market with
off-sale beer and wine in conjunction with an existing service
station and carwash upon certain real property located within the
City of Anaheim, County of Orange, State of California, legally
described as:
PARCEL 1:
THAT PORTION OF LOT 11 OF ANAHEIM EXTENSION, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP MADE BY WILLIAM HAMEL,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS
ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 95 OF TRACT
NO. 1565, AS SHOWN ON A MAP RECORDED IN BOOK 49 PAGES
20 TO 24 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA; THENCE NORTH 15° 16' 04"
WEST 175.00 FEET TO THE SOUTHWEST CORNER OF LOT 94 OF
SAID TRACT NO. 1565; THENCE NORTH 74° 29' 40" EAST
225.00 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 94
AND ITS EASTERLY PROLONGATION TO THE CENTER LINE OF
PLACENTIA AVENUE, AS SHOWN ON SAID MAP OF TRACT NO.
1565; THENCE SOUTH 0° 10' 55" WEST 181.77 FEET ALONG
SAID CENTER LINE TO THE EASTERLY PROLONGATION OF THE
NORTHERLY LINE OF SAID LOT 95; THENCE SOUTH 74° 29'
40" WEST 176.58 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
LOT 94 OF TRACT NO. 1565, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 49 PAGES 20 TO 24 INCLUSIVE OF
MISCELLANEOUS MAPS, 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
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. PC85-159 denying
Conditional Use Permit No. 2693; 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. 2693 be, and the same is hereby,
granted permitting a convenience market with off-sale beer and
wine in conjunction with an existing service station and carwash
on the hereinabove described real property, subject to the
following conditions:
1. 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 ten (10) feet from a property line and so
located that all parts of a vehicle being serviced will be on
private property.
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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, shall 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 Chief of the Fire Department.
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 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 one hundred (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.
2. That the owner(s) of subject property shall construct a
raised median in State College Boulevard as required by the City
Traffic Engineer.
3. That the existing two (2) driveways on Lincoln Avenue
shall be combined into one (1) driveway located equidistant from
...a._ the west and east property lines. The removed driveways shall be
replaced with a standard curb, gutter, sidewalk and landscaping.
4. That all driveways shall be reconstructed to
accommodate ten (10) foot radius curb returns as required by the
City Traffic Engineer.
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5. That separate men's and women's restroom facilities for
customers shall be provided on the premises.
6. 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.
7. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land sixty
(60) feet in width from the centerline of the street along
Lincoln Avenue and fifty-three (53) feet in width from the
centerline of the street along State College Boulevard from
street widening purposes.
8. That sidewalks, curbs, gutters and paving shall be
relocated along Lincoln Avenue and State College Boulevard as
required by the City Engineer and in accordance with standard
plans and specifications on file in the Office of the City
Engineer.
9. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
10. 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.
11. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
12. 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.
13. 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.
14. That a six (6) foot high masonry block wall shall be
constructed and maintained along the southerly and westerly
property lines and/or that a bond in an amount and form
satisfactory to the City of Anaheim shall be posted with the City
to guarantee the installation of said walls prior to final
building inspection. No such walls shall be constructed in the
front ten (10) foot setbacks adjacent to Lincoln Avenue and State
College Boulevard.
15. That any proposed parking area lighting fixtures shall
be directed away from adjacent property lines to protect the
residential integrity of the area.
16. That no alcoholic beverages, except beer and wine shall
be sold on the premises.
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17. That the owner of subject property shall submit a
letter requesting termination of Condition Use Permit Nos. 290
and 1329 to the Planning Department.
18. 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 3.
19. That prior to the commencement of the activity
authorized under this resolution, or 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. 6 and
7, 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.
20. That prior to the commencement of the activity
authorized under this resolution, or final building and zoning
inspections whichever occurs first, Condition Nos. 1, 2, 3, 4, 5,
8, 9, 11, 12, 14, 15, 17 and 18, above-mentioned, shall be
complied with.
21. That the daily hours of operation shall be as follows:
a. The service station business may be open
twenty-four (24) hours daily,
b. The convenience market business hours shall be
limited to from 6:00 a.m. to 12 midnight, and
c. The carwash business hours shall be limited to
from 7:00 a.m. to 9:00 p.m.
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 13th day of August, 1985.
MAYOR OF THE CIT OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY ANAHEIM
JLW:fm
4221M
091885 -5-
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. 85R-364 was introduced and adopted at a regular ~"'
meeting provided by law, of the City Council of the City of Anaheim held on
the 13th day of August, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Overholt and Roth
NOES: COUNCIL MEMBERS: Kaywood and Pickler
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-364 on the 13th day of August, 1985.
IN WITNESS WHEREOF, I have hereunto .set my hand and affixed the seal of the
City of Anaheim this 13th day of August, 1985.
CITY CLERK OF THE CITY OF AN EIM
(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-364 duly passed and
adopted by the Anaheim City Council on August 13, 1985.
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CITY CLERK