83R-184
RESOLUTION NO. 83R-184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2413.
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:
THAT PORTION OF LOT 6 OF THE J.D. TAYLOR TRACT, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGES 58,
59 AND 60 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA,
TOGETHER WITH THAT PORTION OF LOT 4 IN SECTION 4,
TOWNSHIP 4 SOOTH, RANGE 9 WEST, SAN BERNARDINO
MERIDIAN, IN SAID CITY, COUNTY OF ORANGE, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICE PLAT THEREOF
DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6;
THENCE ALONG THE NORTHERLY PROLONGATION OF THE
WESTERLY LINE OF SAID LOT 6 NORTH 17 DEGREES 00' 26"
WEST 50.65 FE~T; THENCE NORTH 75 DEGREES 45' 34" EAST
98.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 75 DEGREES 45' 34" EAST 180.85 FEET TO THE
CENTER LINE OF JEFFERSON STREER, 100.00 FEET WIDE, AS
DESCRIBED IN PARCEL 1 OF THE DEED TO CITY OF ANAHEIM
RECORDED MAY 17, 1968 IN BOOK 8605 PAGE 255 OF
OFFICIAL RECORDS; THENCE SOUTHEASTERLY ALONG SAID
CENTER LINE TO AND ALONG THE CENTER LINE OF JEFFERSON
STREET, 100.00 FEET WIDE, AS DESCRIBED IN THE DEED TO
THE CITY OF ANAHEIM, RECORDED APRIL 15, 1968 IN BOOK
8572 PAGE 780 OF OFFICIAL RECORDS, TO THE NORTHERLY
LINE OF BATAVIA STREET, 80.00 FEET WIDE, AS SHOWN ON
THE MAP OF TRACT NO. 4643 AS PER MAP RECORDED IN BOOK
195 PAGES 35 TO 37 INCLUSIVE OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE NORTHWESTERLY ALONG SAID BATAVIA STREET TO A
LINE WHICH BEARS NORTH 14 DEGREES 14' 26ft WEST AND
WHICH PASSES THROUGH THE TRUE POINT OF BEGINNING;
THENCE NORTH 14 DEGREES 14' 26ft WEST TO THE TRUE POINT
OF BEGINNING; and
WHEREAS, said application requests a waiver or variance
from the followin9 provisions of the Anaheim Municipal Code:
SECTION 18.05.069.010
and 18.05.030.055
Permitted Advertising on Lighter
Box Signs. (Product advertising
on lighter box signs [canopy
spandrel] not permitted; product
advertising existing)
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. PC83-67, granting
Conditional Use Permit No. 2413; 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.
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WHEREAS, the City Council further finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports at said public hearing:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjdyed by other property ;under identical zoning
classification in the vicinity.
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.
2413 be, and the same is hereby, granted permitting the sale of
convenience food and beverage items by means other than vending
machines in conjunction with an existing gasoline service station,
with a waiver of the aforesaid provisions of the Anaheim Municipal
Code, 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 200 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 site 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 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.
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THE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anaheim t~~f Ma 1983.
MAYOR OF THE CIT
City
ATTEST:
~LJ,.D~
CITY CLERK OF THE ITY OF ANAHEIM
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5-19-83
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