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1982-578 RESOLUTION NO. 82R-578 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2382. 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 a convenience market with gasoline sales on certain real property situated in the City of Anaheim, County of Orange, state of California, legally described as: THE NORTH 178.00 FEET OF THE WEST 194.00 FEET OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 81 PAGE 15 OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER; and . ..-...... ~ ".- ..---..... _...;co...~. .~ .._~............ ....~~........."., ..oli. . .._G.... . ~ ...... oy.................._" ._........._,.....~~....:.-..............._. V WIfEREAS, 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 re- quired by law and ~he provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code, and WHEREAS, said Commission, after due inspection, investi- gation and studies made by i~self and in its behalf and after due consideration of all evidence and re~rts offered at said hearing. did adopt its Resolution No. PC82-l94 denying Conditional Use Pe~it No. 2~~~ J and mIEREAS, thereafter, within the time prescribed by law, an interested" party or the City Council, on its own ,mo'tion, caused the review of said Planninq Commission action at a duly noticed public hearing, and WHEREAS, at. the time and p,lace fixed for said public hearing, the City Council did duly hold and conduct .ueh hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and ~IEREAS, the Ci~y Council finds, after careful consider- ation of the recommendations of the City Planning Commission and all evidence and reports offered a~ said hearing, ~hat: 1. The proposed use is properly one for which a conditional use pe~it is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the' adjoining land U8e8 and the growth and development of the area in which i~ is proposed to be loca~ed. 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 de~rimen~al ~o the particular,area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not im- pose an undue burden upon the streets and highways designed and improved bo carry ~he ~raffic in ~he area. s. The granting of the conditional use permit under the conditioftR impeaed will ftO~ be detrimen~al 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 denvina said conditional use pe~it be, and the same is hereby, reversed and that Conditional Use Permit No. 2382 be, and the same is hereby, qranted pe~itting a convenience market with gasoline sale. on the hereinabove described real property, subject to the following conditions: ....2- ATTY-26 (PI.. 2 of 2 P.ges) 1. That the most westerly driveway on South Street and the most northerly driveway on State College Boulevard shall be removed and replaced with a standard curb, gutter and sidewalk. 2. That the existing trash enclosure on subject property shall be relocated per recommendation of the Street Maintenance and Sanitation Department. 3. That a separate attendant shall be on duty at all times for the purposes of dispensing gasoline. 4. 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. 5. That Condition Nos. 1, 2 and 4, above-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim 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. THE FOREGOING RESOLUTION is approved and adopted this 30th day of November, 1982. A/~ MAYOR OF THE CITY F ANAHEIM ATTEST: ~.J~ CITY CLERK OF THE ITY OF ANAHEIM JLW: frn 0429M 12-15-82 -3- no. ..... . .~............ . .._~...-.................: .. .....,.-"".... _.~~...._._ ~...... .-.............. . .,.........':"'..:.:........t:.~...:'l:lI_'Io,........II:._..;....:.:......_........~_ __...._......_ 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. 82R-578 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 30th day of November, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Bay and Roth NOES: COUNCIL MEMBERS: Kaywood and Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 82R-578 on the 30th day of November, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 30th day of November, 1982. ~~.&j~~ CITY CL RK OF THE CITY'9F ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R-578 duly passed and adopted by the Anaheim City Council on November 30, 1982. r2e._ tiJ~ ))~ \.. CITY CL R1{