95-020 RESOLUTION NO. 95R-20
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3710, IN
PART.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit an automotive service station with an accessory automated
car wash, a convenience market with the sale of beer and wine for
off-premise consumption, and a drive-through restaurant with two
(2) fast-food tenants and no seating upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCEL A: THAT PORTION OF LOT 20 IN BLOCK K OF THE
KRAEMER TRACT, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 12 PAGES 87 AND 88 OF MISCELLANEOUS RECORDS,
IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT
20 SOUTH 73 DEG. 32' 00" WEST 253.00 FEET FROM THE
SOUTHWEST CORNER OF LOT 15 IN SAID BLOCK K; THENCE
NORTH 73 DEG. 32' 00" EAST 78.34 FEET; THENCE SOUTH
16 DEG. 28' 00" EAST 20.00 FEET; THENCE SOUTH 89
DEG. 46' 03" EAST 104.40 FEET; THENCE SOUTH 60 DEG.
13' 15" EAST 27.66 FEET TO A POINT ON A NONTANGENT
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
2201.89 FEET, A RADIAL TO SAID CURVE AT SAID POINT
BEARS SOUTH 75 DEG. 46' 50" WEST, THENCE SOUTHERLY
183.07 FEET ALONG SAID CURVE TO THE SOUTH LINE OF
THE NORTH 253.00 FEET OF SAID LOT 20; THENCE SOUTH
73 DEG. 32' 00" WEST 198.08 FEET ALONG SAID SOUTH
LINE TO A LINE BEARING SOUTH 16 DEG. 25' 30" EAST
FROM THE POINT OF BEGINNING; THENCE NORTH 16 DEG.
25' 30" WEST 253.00 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE
NORTH 53.00 FEET OF SAID LOT 20.
PARCEL B: THAT PORTION OF LOT 20 IN BLOCK K OF THE
KRAEMER TRACT, IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 12 PAGES 87
AND 88 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT
20 SOUTH 73 DEG. 32' 00" WEST 253.00 FROM THE
SOUTHWEST CORNER OF LOT 15 IN SAID BLOCK K; THENCE
NORTH 73 DEG. 32' 00" EAST 78.34 FEET; THENCE SOUTH
16 DEG. 28' 00" EAST 20.00 FEET; THENCE SOUTH 89
DEG. 46' 03" EAST 104.40 FEET; THENCE SOUTH 60 DEG.
13' 15" EAST 4.15 FEET TO THE SOUTH LINE OF THE
NORTH 53.00 FEET OF SAID LOT 20; THENCE SOUTH 73
DEG. 32' 00" WEST 181.25 FEET ALONG SAID SOUTH LINE
TO A LINE BEARING SOUTH 16 DEG. 25' 30" EAST FROM
THE POINT OF BEGINNING; THENCE NORTH 16 DEG. 25'
30" WEST 53.00 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. Conditional Use Permit No.
3710, in part; 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,
Conditional Use Permit No. 3710 be, and the same is hereby,
granted, in part permitting an automotive service station with an
accessory automated car wash, a convenience market with the sale of
beer and wine for off-premise consumption, and a drive-through
restaurant with two (2) fast-food tenants and no seating on the
hereinabove described real property, subject to the following
conditions:
1. That prior to issuance of a building permit for any
drive-through facility, the proposed drive-through lane shall be
reviewed and approved by the City Traffic and Transportation
Manager.
2. That fast food customer tables and chairs shall not be
permitted.
3. That a minimum of twenty four (24) on-site parking spaces
shall be provided and maintained. Said parking spaces shall be
shown on the plans submitted for building permits.
4. 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.
5. That an on-site trash truck turn-around area shall be
provided and maintained to the satisfaction of the Department of
Maintenance. Said turn-around area shall be specifically shown on
plans submitted for building permits.
6. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the latest revisions of Engineering Standard Plan
Nos. 436 and 602 pertaining to parking standards and driveway
locations. Subject property shall be developed and maintained in
conformance with said plans.
7. That all driveways shall be reconstructed to accommodate
ten (10) foot radius curb returns in conformance with Engineering
Department Standard No. 137.
8. That the signage for subject facility shall be limited to
what is shown on the approved exhibits.
9. That this Conditional Use Permit is granted subject to
adoption of a zoning ordinance in connection with Reclassification
No. 94-95-5, now pending.
10. 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 Revision No. 2 of Exhibit Nos. 1 and 2,
and Exhibit Nos. 3 and 4.
11. That no alcoholic beverages, or beer or wine, shall be
sold, furnished, or delivered via a drive-up window.
12. That the sales of alcoholic beverages shall be permitted
only between the hours of 9:00 a.m. and 11:00 p.m. on weekdays and
from 9:00 a.m. until 1:00 a.m. on weekends.
13. That the quarterly gross sales of alcoholic beverages
shall not exceed ten percent (10%) of the gross sales of food or
other commodities during the same period.
14. That there shall be no exterior advertising of any kind
or type, including advertising directed to the exterior from inside
any building, promoting or indicating the availability of alcoholic
beverages.
15. That no alcoholic beverages shall be consumed on any
property adjacent to the licensed premises under the control of the
licensee.
16. That the parking lot of the premises shall be equipped
with lighting of sufficient power to illuminate and make easily
discernible the appearance and conduct of all persons on or about
the parking lot.
17. That the lighting in the parking area of the premises
shall be directed, positioned and shielded in such a manner so as
not to unreasonably illuminate the window area of nearby
businesses.
18. That there shall be no coin-operated games maintained
upon the premises at any time.
19. That, if proposed, wine coolers shall be sold in
quantities of a four (4) pack or more.
20. That signs shall be prominently posted at the wine
storage area and the cash register area reading: "Wine coolers may
be purchased on this premises only in quantities of a four (4) pack
or more."
21. That beer shall be sold in quantities of a six (6) pack
or more.
22. That signs shall be prominently posted at the wine
storage area and the cash register area reading: "Beer may be
purchased on this premises only in quantities of a six (6) pack or
more."
23. That there shall be no coin-operated telephones
maintained upon or adjacent to the building at any time. Such
telephones shall remain at the southeast portion of the property.
24. Deleted.
25. That the property owner shall pay for monthly Code
Enforcement inspections, if deemed necessary by Code Enforcement
staff.
26. 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. 1, 3, 4, 5, 6 and 9, 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.
27. That prior to final building and zoning inspections,
Condition Nos. 7, 10, 16 and 17, above-mentioned, shall be complied
with.
28. 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 24th day of January, 1995.
MAYOR OF THE AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
10499.1\JWHITE\January 26, 1995 -- 5 --
STATE OF' CAUFORNIA )
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. 95R-20 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 24th day of January, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly.
NOES: MAYOR/COUNCIL: None
ABSENT: M.~,YOR/COUNCIL: None
COUNCIL VACANCY: COUNCILMEMBER: One
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-20 on the
24th day of January, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 24th day of January, 1995.
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. 95R-20 was duly passed and adopted by the City Council of the City of Anaheim on
January 24, 1995.
CITY CLERK OF THE CITY OF ANAHEIM