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88-306RESOLUTION NO. 88R-306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3008. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from OLYMPIA STATIONS, INC., 405 Park Avenue, New York, New York 10022, owner, and GARY ENGINEERING, INC., 2207 Garnet Avenue, Suite G, San Diego, California 92109, agent, to permit a convenience market with gasoline sales upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE WEST 205 FEET OF THE SOUTH 190 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RAGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE 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. PC88-126 granting Conditional Use Permit No. 3008; 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 ali 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. 5. 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, that Conditional Use Permit No. 3008 be, and the same is hereby, granted permitting a convenience market with gasoline sales on the hereinabove described real property, subject to the following conditions: 1. 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. 2. That the 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 Lincoln Avenue and Beach Boulevard. In the event that General Plan Amendment No. 210 pertaining to Critical Intersections is not adopted by the City Council, this condition shall be considered null and void. 3. That all driveways shall be constructed with ten 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. (10) 4. That street lighting facilities along Lincoln Avenue and Beach Boulevard shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and 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. 5. That subject property shall be served by underground utilities. 6. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Lincoln Avenue and Beach Boulevard in an amount as determined by the City Council. 7. That the existing most westerly driveway on Lincoln Avenue and the southerly driveway on Beach Boulevard shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 8. That as required by the Uniform Fire Code, the following minimum standards shall apply: 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 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. -3- j. That remote preset-type devices shall be in the "off" position while not in use so the dispenser cannot be activated without the knowledge of the attendant. k. That the dispensing device shall be in clear view of the attendant at ail times and no obstacles shall be placed between the dispensing devices and the attendant. 1. That the attendant shall at ail times be able to communicate with persons in the dispensing area. 9. That the proposed use shall be limited to the sale of "snack" items and take-out food service (hot or cold items) only; and there shall be no sale of beer, wine or other alcoholic beverages of any kind on the premises. 10. That during hours of operation of subject facility, men's and women's restrooms shall be available to the public. 11. That in conformance with Anaheim Municipal Code Section 18.46.050.060, the owner/developer shall provide a recorded agreement 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 for less than fifteen (15) days. 12. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 13. That ali air conditioning facilities and other roof and ground-mounted equipment shall be properly shielded from view. 14. That the proposal shall comply with all signing requirements of the CH Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 15. That minimum fifteen (15)-gallon trees planted on minimum twenty-foot (20') centers, with appropriate irrigation facilities, shall be installed and maintained along the north and east property lines. 16. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 5, including separate men's and women's public restrooms which shall be provided and made available to the public during business hours; and provided that at least nine (9) off-street parking spaces shall be provided. 17. That prior to the commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this -4- resolution, whichever occurs first, Condition Nos. 1, 2, 4, 6 and 11, 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. 18. That prior to the commencement of the activity authorized by this resolution or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 3, 4, 5, 7, 12, 15, 15 and 16, above-mentioned, shall be complied with. 19. 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 26th day of July, 1988. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JL~:fm 2660L 072888 -5- CLERJ< STATE OF CAlIFORNiA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, L~ONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Kesolution No. 88R-30~ was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 26th day of 3uly, 1998, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, l{unter, Kaywood and Bay NOES: COUNCIL biEMBEAiS: Pickler AJ~SENT: COUNCIL MEMBERS: None ~qD i FUKTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-30~ on the 2nd day of August, 19U8. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of August, 1988. i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-306 duly passed and adopted by the Anaheim City Council on July 26, 1988. CITY CLERK OF THE CITY OF &NA_HEIM