94-246 RESOLUTION NO. 94R-246
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3707, IN
PART.
WHEREAS, the city Planning Commission of the city of
Anaheim did receive an application for a conditional use permit to
permit a 1,215 sq.ft. convenience market within an existing service
station upon certain real property located within the city of
Anaheim, County of Orange, State of California, legally described
as:
THE NORTH 150.00 FEET OF THE WEST 150.00 FEET,
MEASURED FROM THE TANGENT PORTIONS OF THE NORTH
AND WEST LINES OF LOT 1 OF TRACT NO. 5302, AS
PER F~AP RECORDED IN BOOK 195, PAGES 30 AND 31
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. PC94-107 granting, in part,
Conditional Use Permit No. 3707; 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.
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 granting, in part, said
conditional use permit be, and the same is hereby, affirmed and
that Conditional Use Permit No. 3707 be, and the same is hereby,
granted permitting a 1,215 sq.ft. convenience market within an
existing service station on the hereinabove described real
property, subject to the following conditions:
1. That the sale of alcoholic beverages for off-premises
consumption is prohibited.
2. That prior to approval of plans (submitted for building
permits) by the Water Engineering Manager, the appropriate
fees due for primary water mains and fire protection service
shall be paid to the Water Engineering Division, in accordance
with Rules 15A and 20 of the Water Utility Rates, Rules and
Regulations.
3. That a plan sheet for solid waste storage and collection, and
a plan for recycling shall be submitted to the Department of
Maintenance for review and approval.
4. That the owner of subject property shall submit a letter
requesting termination of Variance No. 1034 (permitting a
subdivision sign) to the Zoning Division.
5. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 5;
provided, however, that the proposed freestanding signs shall
be separated by a minimum distance of three hundred (300) feet
and shall be limited to monument type design with similar
dimensions to the 8-foot high monument sign located at the
Shell service station on the northwest corner of Ball Road and
Harbor Boulevard.
6. That, in compliance with Zoning Code requirements, the
following landscaping shall be planted and maintained. Plans
showing said landscaping shall be submitted for approval prior
to issuance of building permits.
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(a) Trees shall be planted and maintained along the interior
property lines; and
(b) The planter area located northwest of the carwash tunnel
shall be enhanced and the planter adjacent to Orangewood
Avenue shall be planted with a hedge to screen the car
wash vacuum equipment from public view.
7. 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. 2, 3, 4 and 6, 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.
8. That prior to final building and zoning inspections, Condition
Nos. 5 and 6, above-mentioned, shall be complied with.
9. 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,
State and Federal 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.
THE FOREGOING RESOLUTION is approved and adopted by the
city Council of the City of Anaheim this 4th day of October, 1994.
MA O~E CITY O'F~NAHEIM
ATTEST:
905~.1\JWS~?£\October 5, 1994 -- 3 --
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. 94R-246 was introduced and adopted at a regular meeting provided by law, of the Anaheim City
Council held on the 4th day of October, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-246
on the 5th day of October, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 5th day of October, 1994.
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. 94R-246 was duly passed and adopted by the City Council of the City of
Anaheim on October 4, 1994.
CITY CLERK OF THE CITY OF ANAHEIM