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84R-205 RESOLUTION NO. 84R-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2547. - WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ANN PRENTICE, owner, and MOBILE OIL CORPORATION, agent, to permit a convenience market with gasoline sales and off-sale beer and wine upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINES OF SUNKIST STREET AND ANAHEIM-OLIVE RD., AS SAID CENTER LINES ARE SHOWN ON MAP OF TRACT NO. 2490, RECORDED IN BOOK 79 PAGES 45 AND 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, THENCE ALONG SAID CENTER LINE OF SUNKIST STREET, BEING ALSO THE WESTERLY LINE OF SAID SOUTHEAST QUARTER, SOUTH 10 04' 07" WEST, 112.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER 124.00 FEET; THENCE EASTERLY AT RIGHT ANGLES TO SAID WESTERLY LINE, 171.00 FEET; THENCE NORTHEASTERLY IN A DIRECT LINE TO A POINT IN THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN FINAL ORDER OF CONDEMNATION TO THE STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED SEPTEMBER 1, 1964 IN BOOK 7203 PAGE 704, OFFICIAL RECORDS, SAID SOUTHWESTERLY LINE CITED AS "SOUTH 680 41' 38" EAST 141.88 FEET", SAID POINT BEING DISTANT SOUTHEASTERLY THEREON, 67.00 FEET FROM THE NORTHWESTERLY TERMINUS THEREOF; THENCE CONTINUING ALONG SAID DIRECT LINE TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED FROM THE STATE OF CALIFORNIA TO ANN PRENTICE, A WIDOW, RECORDED APRIL 8, 1970 IN BOOK 9258 PAGE 842, OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE AND THE NORTHWESTERLY AND WESTERLY LINES TO THAT CERTAIN COURSE DESCRIBED AS "SOUTH 880 55' 53" EAST, 57.00 FEET" IN SAID FINAL ORDER OF CONDEMNATION; THENCE WESTERLY ALONG SAID CERTAIN COURSE TO THE TRUE 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. PC84-63 denying Conditional Use Permit No. 2547; 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, for the reasons hereinabove stated, the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 2547 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: -2- 1. That sidewalks and driveways shall be installed along Lincoln Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 2. That the existing most northerly driveway on Sunkist Street and the most westerly driveway on Lincoln Avenue shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 3. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Sunkist Street in an amount as determined by the City Council. 4. That street lighting facilities along Lincoln Avenue 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 approval of building permits. The above-required improvements shall be installed prior to occupancy. 5. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 6. That subject property shall be served by underground utilities. 7. That any proposed parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be directed away from adjacent property lines to protect the residential integrity of the area. 8. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. ll46 to the Planning Department. 9. That IS-gallon trees planted on 20-foot centers, with appropriate irrigation facilities, shall be maintained along the south and east property line(s). 10. That in accordance with the City Fire Marshal, the following minimum standards shall apply: a. That dispensing devices shall be located a minimum distance of ten (10) feet from a property line and so located that all parts of a vehicle being serviced will be on private property. -3- 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, shall not reach within five feet (5') 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. 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 o~ 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 100 feet from dispensers. i. That instructions for the operation of dispensers shall be conspicuously posted. j. That remote preset-type devices are to be in the "off" position while not in use so the dispenser cannot be activated without the knowledge of the attendant. ll. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4; provided, however, that public restrooms (men's and women's) shall be provided and shall be available to the public during business hours. 12. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 3 and 8, 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. -4- 13. That prior to final building and zoning inspections, Condition Nos. 1, 2, 5, 6, 7, 9, 10 and ll, above-mentioned, shall be complied with. - 14. That there shall be no service bays and/or automotive servicing on the premises except for the sale of gasoline and motor fuels as permitted herein. 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. City ATTEST: ~ r;Jcs;..<< CITY CLERK OF THE CITY OF ANAHEIM JLW: fm 2695M 6/20/84 -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No.. 84R-205 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 5th day of June, 1984, by the following vote of the members thereof: ..~ AYES: COUNCIL MEMBERS: Bay, Overholt, Pickler 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. 84R-205 on the 5th day of June, 1984. IN WITNESS WHEREOF, I have h~reunto set my hand and affixed the seal of the City of Anaheim this 5th day of June, 1984. ~"'-- 7r~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anahei~, do hereby certify that the foregoing is the original of Resolution No. 84R-205 duly passed and adopted by the Anaheim City Council on June 5, 1984. ~~A~ CITY CLERK -