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RES-1989-245RESOLUTION NO. 89R-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 5150. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from EXXON CORPORATION, 1200 Smith Street, Houston, TX 77210, owner, and TAIT AND ASSOCIATES, 800 N. Eckhoff Street, Orange, CA 92613, agent to permit an automobile service station and convenience market upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE SOUTH 203.00 FEET OF THE WEST 203.00 FEET OF THE SOUTHWEST QUARTER OF SECTION 13, BEING A PORTION OF LOT 41 IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN 3UAN CA3ON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 2, PAGES 256 AND 257 OF PATENTS 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. PC89-113 granting Conditional Use Permit No. 3150; 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. CUP 3150 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, Conditional Use Permit No. 3150 be, and the same is hereby, granted permitting an automatic service station and convenience market on the hereinabove described real property, subject to the following conditions: I · 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 established by City Council resolution· · That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim an additional strip of land twelve (12) feet in width along State College Boulevard and Ball Road for street widening purposes including a twenty five (25) foot radius corner return. · That the existing most southerly driveway on State College Boulevard and most westerly driveway on Ball Road shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. · That the remaining driveways on State College Boulevard and Ball Road shall be reconstructed with ten (10) foot radius curb returns as required by the City Engineer. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. · That drainage facilities shall be relocated along 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. -2- CUP 3150 · 7 · · · That street lighting facilities along Ball Road and State College Boulevard shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager; or 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 a building permit the above required improvements shall be installed prior to occupancy. That subject property shall be served by underground utilities. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 125 to the Zoning Division. That the following minimum standards shall apply, as required by the Uniform Fire Code: a · That dispensing devices shall be located a minimum distance of ten (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 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, will 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 City 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 CUP 3150 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 City Fire Department, but controls shall not be more than one hundred (100) feet £rom dispensers. i · That instructions for the operation o£ dispensers shall be conspicuously posted. j · That remote present-type devices shall be in the "off" position while not in use so the dispenser cannot be activated without the knowledge o£ the attendant· k · That the dispensing device shall be in clear view o£ the attendant at all times and no obstacles shall be placed between the dispensing devices and the attendant. · That the attendant shall at all times be able to communicate with persons in the dispensing area via a two-way speaker system. 10. That there shall be no sale o£ beer, wine or other alcoholic beverages of any kind on the premises. 11. That during business hours of operation of subject facility, separate men's and women's restrooms shall be available to the public, and shall be properly supplied and maintained. 12. That in conformance with Anaheim Municipal Code Section 18.44.050.070, a copy of a recorded agreement shall be provided to the Zoning Division agreeing to remove the service station structures in the event that the station is closed for a period of twelve (12) consecutive months. A service station shall be considered closed during any month in which it is open £or less than £i£teen (15) days. Prior to recordation, the agreement shall be submitted to the City Attorney for approval as to £orm. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. -4- CUP 5150 14. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. 15. That the proposal shall comply with all signing requirements of the CL "Commercial, Limited" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator; provided, however, that when critical intersection dedication (pursuant to Condition No. £ above) is accepted by the City of .Anaheim, the petitioner/property owner shall be responsible for removing the existing pole sign from the right-of-way being dedicated and shall replace it with a monument sign having a maximum display area of fifty-two (52) square feet and being located so as not to encroach into the dedicated right-of-way. 16. That prior to issuance of any sign permits, either (a) the petitioner shall obtain an encroachment permit from the City of Anaheim for the freestanding signs on Ball Road and State College Boulevard which sign(s) existing are located in the area of critical intersection dedication, or (b) the legal owner of subject property shall record a covenant agreeing to remove said signs at no cost to the City upon improvement of said critical intersection. If the second option (b) is selected, the covenant shall be submitted to the City Attorney for approval as to form prior to recordation with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Zoning Division. 17. That minimum fifteen (1S) gallon trees planted on minimum twenty (20) foot centers, with appropriate irrigation facilities, shall be installed and maintained along the north and east property lines. 18. That the on-site landscaping shall be maintained in compliance with City standards. 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 and 2. 20. 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, Z, 6, 8, 12 and 16, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.05.090 of the Anaheim Municipal Code. CUP 3150 21. That prior to final building and zoning inspections, Condition Nos. 5 through 7, 13, 14, 17 and 19, above-mentioned, shall be complied with. 22. 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 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 20th day of June, 1989. ATTEST' CITY C"L'ERK O'F IM JLW:kh 3195L 062989 -~- CUP 3150 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. 89R-245 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of June, 1989, by the following vote of the members thereof: AYES · COUNCIL MEMBERS' Daly, Ehrle, Pickler and Hunter NOES · COUNCIL MEMBERS' Kaywood ABSENT' COUNCIL MEMBERS' None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-245 on the 6th day of July, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of July, 1989. 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. 89R-245 duly passed and adopted by the Anaheim City Council on June 20, 1989.