1981-118RESOLUTION N0. 81 R--118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM dRANTINd CONDITIONAL USE PERMIT
N0. .2148
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from ATLANTIC RICHFIELD COMPANY: owner; and P. D. LIPPERT;
agent, to permit a convenience market with gasoline sales with
a waiver of certain hereinafter specified zoning code require-
ments on certain real property located in the City of Anaheim;
County of Orange; State of California, legally described as°
PARCEL A° THAT PORTION OF PARCEL 2_ IN THE CITY OF
ANAHEIM- COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP FILED IN BOOK 30; PAGE 48 OF PARCEL
MAPS, ON FILE IN THE, OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT
A POINT IN THE EASTERLY RIGHT OF WAY LINE OF IMPERIAL
HIGHWAY, SAID .POINT BEING THE SOUTHERLY TERMINUS OF
THAT CERTAIN COURSE IN SAID EASTERLY RIGHT OF WAY
LINE SHOWN ON SAID MAP AS "NORTH 1° 23' 00" EAST
664.08 FEET"; THENCE NORTH 88° 37' 00" WEST ALONG
SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE
OF 20.00 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH
1° 23' 00" WEST ALONG SAID RIGHT OF WAY LINE OF
IMPERIAL HIGHWAY A DISTANCE OF 135.76 FEET; THENCE
LEAVING SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY
SOUTH 88° 37' 00" EAST AT RIGHT ANGLES TO SAID RIGHT
OF WAY LINE A DISTANCE OF 160.00 FEET; THENCE NORTH
1° 23' 00" EAST PARALLEL WITH SAID RIGHT OF WAY LINE
OF IMPERIAL HIGHWAY A DISTANCE OF 136.37 FEET TO A
POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF LA PALMA
AVENUE 90.00 FEET WIDE, AS SHOWN ON SAID MAP, SAID
SOUTHERLY RIGHT OF WAY AT SAID POINT BEING THE ARC
OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF
1,355.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 9° 55' 05" EAST; THENCE WESTERLY ALONG SAID
SOUTHERLY RIGHT OF WAY LINE OF LA PALMA AVENUE, THROUGH
A CENTRAL ANGLE OF 5° 57' 02" AN ARC DISTANCE OF 140.73
FEET TO A POINT IN SAID EASTERLY RIGHT OF WAY LINE OF
IMPERIAL HIGHWAY; THENCE SOUTH 1° 23' 00".WEST ALONG
SAID EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A
DISTANCE Ob' 14.24 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE SOUTHERLY HALF OF LA PALMA AVENUE
ADJOINING SAID LAND ON THE NORTH, AS SAID AVENUE IS
DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, RE-
CORDED MAY 19, 1970 IN BOOK 9293 PAGE 261, OFFICIAL
RECORDS; AND
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ATTV-26 (Paps 1 of 2 Papsf)
PARCEL B: THAT PORTION OF THE RANCHO CANON DE SANTA
ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THAT CERTAIN CURVE CONCAVE SOUTHERLY,
HAVING A RADIUS OF 1355 FEET AND AN ARC LENGTH OF
445.24 FEET, IN THE SOUTHERLY LINE OF THE STRIP OF
LAND, 90 FEET WIDE, AS DESCRIBED IN THE DEED TO THE
CITY OF ANAHEIM FOR LA PALMA AVENUE, RECORDED MAY 19,
1970 IN BOOK 9293 PAGE 261, OFFICIAL RECORDS, WITH THE
EASTERLY LINE OF THE LAND ACQUIRED BY THE STATE OF
CALIFORNIA IN THE DEED RECORDED OCTOBER 14, 1952 IN
BOOK 2395, PAGE 522, OFFICIAL RECORDS, AND RUNNING
THENCE WESTERLY ALONG THE WESTERLY CONTINUATION OF
SAID CURVE FROM THE TANGENT WHICH BEARS NORTH 85° 38'
21" WEST THROUGH AN ANGLE OF 0° 25' 39" AN ARC DISTANCE
OF 10.11 FEET; THENCE TANGENT NORTH 86° 04' 00" WEST
0.74 FEET TO A TANGENT CURVE CONCAVE SOUTHERLY AND HAV-
ING A RADIUS OF 22 FEET; THENCE WESTERLY ALONG SAID
LAST MENTIONED CURVE THROUGH AN ANGLE OF 24° 24' 18",
AN ARC DISTANCE OF 9.37 FEET TO THE NORTHERLY PROLONGA-
TION OF THAT CERTAIN COURSE DESCRIBED AS HAVING A
.LENGTH OF 131 FEET IN SAID DEED TO THE STATE OF
CALIFORNIA; THENCE ALONG SAID PROLONGATION SOUTH 1°
50' 03" WEST 10.64 FEET TO THE NORTHERLY TERMINUS OF
SAID COURSE; THENCE ALONG THE BOUNDARY LINES OF SAID
LAND SO ACQUIRED BY THE STATE OF CALIFORNIA, SOUTH 88°
09' 57" EAST 20 FEET AND NORTH 1° 50' 03" EAST 14.24
FEET TO THE POINT OF BEGINNING; and
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WIiEREAS, 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 the provisions of Title 18, Chapter 18.03 of the
Anaheim Municipal Code; and
-P~ WHEREAS, said Commission, after due inspection, investi-
gation 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. PC80-231 , denying
Conditional Use Permit No. 2148 ; and
WIiEREAS, 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 consider-
ation 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 adjoining
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 im-
pose 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 the action of the City Planning Commission
denying said conditional use permit be, and the same is
ere y, reversed and that Conditional Use Permit No. 2148 be,
_ and the same~s ~iereby, granted permitting a convenience market
with gasoline sales on the hereinabove described parcel of real
property, with a waiver of the following provisions of the Anaheim
Municipal Code:
ATTY-26 (Page 2 of 2 Pages) - 3 -
SECTIONS 18.84.062.040 - P~aximum size of price signs.
and 18.05.069.021 (13 square feet for "self
serve" and price sign; 20
square feet proposed)
SECTIONS 18.84.062.040 - Prohibited .freestanding signs.
and 18.05.091.010 (None permitted; 1 existing)
SECTIONS 18.84.062.040 - Maximum number of wall signs.
and 18.05.091.020 (1 permitted; 3 proposed)
subject to the following conditions:
1. That trash storage areas shall be provided :in accordance
with approved plans on file with the Office of the Executive
Director of Public Works.
2. That all nonconforming uses of subject property (i.e.
towing services, mechanical repair) shall be terminated and only
the proposed convenience market with gasoline sales sha]_1 be per-
mitted.
3. That a separate attendant shall be on duty for the dis-
pensing of gas at all times.
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 and 4, above-mentioned, shall be
complied with prior to final building and zoning inspections.
6. That separate men's and women's restrooms shall be pro-
vided on the premises.
BE IT FURTHER RESOLVED that the Anaheim City Council does
hereby find and determine that adoption of this Resolution is ex-
pressly predicated upon applicant's compliance with each and all of
the conditions hereinabove set forth. Should any such condition, 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.
BE IT FURTHER RESOLVED that the City Council hereby re-
serves the right to revoke such Conditional Use Permit for good
cause or failure of said owner, its successors or assigns to comply
with the Anaheim Municipal Code and regulations and the conditions
therein,
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 17th day of March, 198 1.
ATTEST;
~~-ate..
CI~CLERK OF THE CITY OF ANAHEIM
JLW:°fm
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'",",
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 81R-118 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held an
the 17th day of March, 19$1, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 81R-118 on the 17th day of March, 1981.
IN WITNESS WHEREOF, I have her-eunto set my hand and affixed the seal of the
City of Anaheim this 17th day of March, 1981.
CITY C ERK OF THE CIT F 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. 81R-118 duly passed and adopted
by the Anaheim City Council on March 17, 1981.
~.
CITY CLERK
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