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83R-183 RESOLUTION NO. 83R-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2412. -........."" WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ATLANTIC RICHFIELD COMPANY, owner, to permit the sale of convenience food and beverage items by means other than vending machines in conjunction with an existing gasoline service station on certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE NORTH 180.00 FEET OF THE EAST 180.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 7 ET SEQ., 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. PC83-66, granting Conditional Use Permit No. 2412; 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 the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed, in part, and that Conditional Use Permit No. 2412 be, and the same is hereby, granted permitting sale of convenience food and beverage items by means other than vending machines in conjunction with an existing gasoline service station, subject to the following conditions: 1. That appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 2. 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 with a maximum retail sales area of 180 square feet. 3. That Condition Nos. 1 and 2, above-mentioned, shall be completed within a period of 90 days from the date of this resolution. 4. That the retail sale of alcoholic beverages (including beer and wine) shall not be permitted in conjunction with this use. 5. That items to be sold at this location shall be limited to gum, packages of candy and mints, packaged nuts and seeds, candy bars, fruit juices (glass and cans), soda, potato and corn chips, cookies and cakes. 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 unen- forceable by the final judgment of any court of competent juris- diction, then this Resolution, and any approvals herein con- tained, shall be deemed null and void. -2- THE FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anaheim thi~d~~3. MAYO~ OF THE CITY OF ANAHEIM city ATTEST: ~..d).~ TY LERK OF THE . Y OF ANAHEIM JLW: fm 1088M 5-19-83 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Cl~Tk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-183 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on -- the 3rd day of May, 1983, by the following vote of the members thereo~: AYES: COUNCIL MEMBERS: Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-183 on the 3rd day of May, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of May, 1983. ~t~ CITY CL RK 0 HE C TY 1M (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the origin~l of Resolution No. 83R-183 duly passed and adopted by the Anaheim City Council on May 3, 1983. ~~~ CITY CL RK ---..,