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84R-125 RESOLUTION NO. 84R-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2538. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ROBERT L. WETZLER, and ETHEL L. WETZLER, owners, and ROBIN OIL COMPANY, 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: THE EAST 150.00 FEET OF THE WEST 242.00 FEET OF THE NORTH 170.00 FEET OF THE SOUTH 200 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, IN TOWNSHIP 4 SOUTH, RANGE 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. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LAND, DISTANT NORTHERLY 50.00 FEET FROM THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH ALONG SAID WESTERLY LINE, 50.00 FEET TO THE SAID SOUTH LINE OF THE SOUTHWEST QUARTER; THENCE EAST ALONG SAID SOUTH LINE, 20.00 FEET; THENCE NORTH 30.00 FEET PARALLEL WITH THE WESTERLY LINE OF SAID SOUTHWEST QUARTER; THENCE NORTHWESTERLY TO THE POINT OF BEGINNING, AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 23, 1951 IN BOOK 2220, PAGE 426, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER 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. 84R-28 denying Conditional Use Permit No. 2538; 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 -1- 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. 2538 be, and the same is hereby, granted permitting a convenience market with gasoline sales and off-sale beer and wine on the hereinabove described real property, subject to the following conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 2. That street lighting facilities along Ball Road 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. 3. That the existing most westerly driveway on Ball Road shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. -2- 4. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Ball Road and Beach Boulevard in an amount as determined by the City Council. ,..-..... 5. 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 10 feet from a 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 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 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 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 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 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. -3- 6. 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; provided, however, that the trash enclosure be relocated to a site acceptable to the Street Maintenance and Sanitation Division. 7. 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 No.4, 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. 8. That prior to commencement of any activity authorized by this permit, Condition Nos. 1, 2, 3, 5 and 6, above-mentioned, shall be complied with. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of March, 1984. ~H~4IM ATTEST: ~ J.4-)..i)~ CITY CLERK OF THE . OF ANAHEIM JLW: fm 2397M 4/16/84 -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R-125 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of March, 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-125 on the 27th day of March, 1984. IN WITNESS WHEREOF, I have h~reunto set my hand and affixed the seal of the City of Anaheim this 27th day of March, 1984. ~h)~ CITY C"CERK OF THE CITY ANAHEIM (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. 84R-125 duly passed and adopted by the Anaheim City iCouncil on March 27, 1984. ~ 1...d)~ ) CITY CLERK -