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84R-296 ~ ,-, RESOLUTION NO. 84R-296 A RESOLUT~N OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2575 . ~, WHEREAS, ~e City Planning Commission of the City of Anaheim did receivet:.,an application for a conditional use permit from EARL L. SINGLE N and JAMES CLAYTON PEACOCK, owners, and ATLANTIC RICHFIELD MPANY, agent, to permit convenience retail sales in an existin~ gasoline service station upon certain real property located wi~in the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SEC~ION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, PARTLY I~ THE RANCHO SAN JUAN CAJON DE SANTA ANA, AND PARTL~ IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY: OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED I~ BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE dF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FdLLOWS: BEGINNING AT T~ INTERSECTION OF THE CENTERLINE OF BROADWAY WITH '!1HE CENTERLINE OF EUCLID AVENUE, AS SAID CENTER LINES ~ SHOWN ON A MAP OF TRACT NO. 2402, RECORDED IN BOef< 79 PAGES 37, 38 AND 39 OF MISCELLANEOUS ~PS, IN THE OFFICE OF THE COUNTY RECORDER OF SAW COUNTY: THENCE NORTH 890 02' 50" WEST 203.00 FE~ ALONG THE CENTER LINE OF SAID BROADWAY: THENqE SOUTH 00 32' 15" WEST 155.00 FEET PARALLEL WITH ~E CENTER LINE OF SAID EUCLID AVENUE: THENCE SOUTH 8~0 02' 50" EAST 30.00 FEET PARALLEL WITH THE CENTER LIN~ OF SAID BROADWAY: THENCE SOUTH 00 32' 15" WEST 40.00 !FEET PARALLEL WITH THE CENTER LINE OF SAID EUCLID AV$UE: THENCE SOUTH 890 02' 50" EAST 173.00 FEET P~LLEL WITH THE CENTERLINE OF SAID BROADWAY TO THa CENTER LINE OF SAID EUCLID AVENUE: THENCE NORTH 00 32' 15" EAST 195.00 FEET ALONG LAST SAID CENTER LI~ TO THE POINT OF BEGINNING. EXCEPT THE NOR~ 45.00 FEET THEREOF INCLUDED WITHIN BROADWAY. ..-..., ALSO EXCEPT TH~. EAST 53.00 FEET THEREOF INCLUDED WITHIN EUCLID ~ENUE. SAID LAND IS I~LUDED WITHIN THE AREA SHOWN ON A MAP FILED IN THE O~ICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, IIN BOOK 27 PAGE 11 OF RECORD OF. SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY: and ~ ..-, WHEREAS, qhe City Planning Commission did hold a public hearing upon said aRplication 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 Municip~l Code: and ,...,..... ,:t'".- WHEREAS, ~aid Commission, after due inspection, investigation and s~udies made by itself and in its behalf and after due considera~ion of all evidence and reports offered at said hearing, did a~opt its Resolution No. PC84-120 granting Conditional Use per.it No. 2575: and WHEREAS, ~hereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review o~ said Planning Commission action at a duly noticed public hear~ng: and WHEREAS, ~t the time and place fixed for said public hearing, the City Cquncil did duly hold and conduct such hearing and did give all pe~sons interested therein an opportunity to be heard and did recei~e evidence and reports: and WHEREAS, ~he City Council finds, after careful consi- deration of the recqmmendations of the City Planning Commission and all evidence anq reports offered at said hearing, that: 1. The propoSed use is properly one for which a conditional use permit is autho~ized by the Anaheim Municipal Code. 2. The propo~ed use will not adversely affect the adjoin- ing land uses and t~e growth and development of the area in which it is proposed to b~ located. 3. The size ~nd shape of the site proposed for the use is adequate to allow t~e full development of the proposed use in a manner not detrimen~al to the particular area nor to the peace, health, safety and general welfare. 4. The traff~c generated by the proposed use will not impose an undue burqen upon the streets and highways designed and improved to carry the traffic in the area. 5. The grant~ng of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general ~elfare of the citizens of the City of Anaheim. ~ NOW, THER_FORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City ~lanning Commission granting said conditional use permit be, and ~he same is hereby, modified, in part, and that Conditional Us~ Permit No. 2575 be, and the same is hereby, granted permitting Gonvenience retail sales in an existing gasoline service station on the hereinabove described real property, subject to the following conditions: -2- ..-, ~ 1. That the owner of subject property shall pay to the City of Anaheim a f~ for street lighting along Euclid Street and Broadway in an amount as determined by the City Council. """...... 2. That the ~wner of subject property shall pay to the City of Anaheim a f~e for tree planting purposes along Euclid Street and Broadway in an amount as determined by the City Council. 3. That subj~ct property shall be developed substantially in accordance with ~lans and specifications on file with the City of Anaheim marked E~ibit Nos. 1 and 2. 4. That the ~proved use shall be limited to the sale of "snack II items only: land there shall be no sale of beer, wine or other alcoholic bev~rages of any kind on the premises. 5. In accord~nce with recommendations of the City Fire Marshall, the follo~ing minimum standards shall apply: a. Tha~ dispensing devices shall be located a minimum distance of 110 feet from any property line and shall be located so that all 'parts of any vehicle being serviced are on subject property. b. Tha~ dispensing devices shall be located not less than 10 feet from a~y building which is not of fire resistive construction. Suchldevices shall also be located so that the nozzle, when hose i~ fully extended, shall not reach within 5 feet of any buildin~ opening. c. Tha~ dispensing devices shall be protected against physical da~age from vehicles by being mounted on a concrete island a m~nimum of 6 inches in height. Alternate methods of providing equivalent protection may be permitted if approved by the Fir~ Chief. d. Tha~ the dispensing of gasoline into vehicle fuel tanks or into any c~ntainer shall at all times be under the supervision of a qudlified attendant. e. Tha~ the attendant's primary function shall be to supervise, observe 4nd control the dispensing of gasoline. .~ f. Tha~ the dispensing of gasoline shall not be into portable containers. unless such containers are of approved material and constr~ction, having a tight closure with screwed or spring cover, so de$igned that the contents can be dispensed without spilling. g. That it shall be the attendant's responsibility to control sources ~f ignition and immediately handle accidental spills and fire extinguishers if necessary. -3- ~ .......... h. Tha~ emergency controls shall be installed at a location acceptable .to the Fire Department, but such controls shall not be located more than 100 feet from the dispensers. "....,... i. Tha~ instructions for the operation of gasoline dispensers shall be "conspicuously posted. j. Tha~ remote preset-type devices are to be in the "off" position when ,gasoline dispensers are not in use so that said dispensers canrlot be activated without the knowledge of the attendant. 6. That Cond~tion Nos. 1, 2, 3, and 5, above-mentioned, shall be completed within a period of ninety (90) days from the date of this resolu~ion. BE IT FUR1HER RESOLVED that the City Council does hereby find and det~rmine that adoption of this Resolution is expressly predicateq upon applicant's compliance with each and all of the conditio~s 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 ~his Resolution, and any approvals herein contained, shall be Ideemed null and void. City THE FOREGQING RESOLUTION is approved and adopted by the Council of the City of Anaheim t~ d~~984. MAYOR OF THE CITY OF AN .IM ATTEST: ~ 1tC;;~ CITY CLERK" OF.~HE;C~Y OF ANAHEIM JLW: fm 3076M 9/17/84 ,.,,-...., -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R -296 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 31st day of July, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Fickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R -296 on the 31st day of July, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 31st day of July, 1984. 7//( �� CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R -296 duly passed and adopted by the Anaheim City Council on July 31, 1984. .frn,q -ra CITY CLERK