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RES-1989-325 RESOLUTION NO. 89R-325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3157. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from THRIFTY OIL COMPANY, 10000 Lakewood Boulevard, Downey, CA 90240, owner, and TAIT AND ASSOCIATES, ATTN: Steve Tarkoff, P.O. Box 4429, Orange, CA 92623, agent to permit a convenience market with gasoline sales upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE EAST 195.00 FEET OF THE NORTH 193.00 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION 15 SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hail 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 ali evidence and reports offered at said hearing, did adopt its Resolution No. PC89-148 granting Conditional Use Permit No. 3157; 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 ali 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 ali 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. CUP 3157 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 improved to carry the traffic in the area. and 5. The granting of the conditional use conditions imposed will not be detrimental to safety and general welfare of the citizens of permit under the the peace, health, the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3157 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: That sidewalks, curbs and gutters shall be repaired along Ball Road as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. That the driveway on Ball Road and Dale Avenue shall be reconstructed to accommodate ten (10) foot radius curb returns. Said driveways shall have a width no greater than thirty (30) feet. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. That existing driveways, which will be removed shall be replaced with standard curb, gutter and sidewalk. That street lighting facilities along Ball Road and Dale Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager; or 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 issuance of a building permit. The above-required improvements shall be installed prior to occupancy. That subject property shall be served by underground utilities. -2- CUP 3157 That the legal owner of subject property shall dedicate to the City of Anaheim a twenty five (25) foot radius corner return at the intersection of Ball Road and Dale Avenue. That a fee shall be paid to the City of Anaheim for tree planting along Ball Road and Dale Avenue in an amount as established by City Council resolution. That as required by the Uniform Fire Code, the following minimum standards shall apply: That dispensing devices shall be located a minimum distance of ten (10) feet from any property line and so located that all parts of a vehicle being serviced will be on private property. 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, will not reach within five (5) feet of any building opening· 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 City Fire Department. That dispensing of gasoline into the fuel tank or into a container shall at all times be under the supervision of a qualified attendant. That the attendant's primary function shall be to supervise, observe and control the dispensing of gasoline. 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. That it shall be the attendant's responsibility to control sources of ignition and immediately handle accidental spills and fire extinguishers if necessary. That emergency controls shall be installed at a location acceptable to the City Fire Department, but controls shall not be more than one hundred (100) feet from dispensers. -3- CUP 3157 11. 12. 15. 14. 15. 16. 17. i. That instructions for the operation of dispensers shall be conspicuously posted. That remote preset-type devices shall be in the "off" position while not in use so the dispenser cannot be activated without the knowledge of the attendant. That the dispensing device shall be in clear view of the attendant at ali times and no obstacles shall be placed between the dispensing devices and the attendant. That the attendant shall communicate with persons two-way speaker system. at ali times be able to in the dispensing area via a That there shall be no off sale beer, wine or other alcoholic beverages of any kind on the premises. That during business hours of operation of subject facility, separate men's and women's restrooms shall be available to the public, and properly supplied and maintained. Said facilities shall be clearly indicated on the plans submitted for building permits. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. Such information shall be specifically shown on the plans submitted for building permits. That ail air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. Such information shall be specifically shown on the plans submitted for building permits. That the freestanding signage on subject property shall be limited to a monument sign at the corner and that the specific location shall be subject to the approval of the Planning Department and the City Traffic Engineer. That minimum fifteen (15) gallon trees planted on minimum twenty (20) foot centers, including appropriate irrigation facilities, shall be installed and maintained along the south and west property lines. That the on-site landscaping shall be maintained in compliance with City standards. That the owner of subject property shall submit a letter requesting termination of Variance No. 896 and Conditional Use Permit No. 288 to the Zoning Division. That subject property shall be developed substantially in accordance with plans and specifications on file with the -4- CUP 3157 City of Anaheim marked Exhibit Nos. i through 18. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 4, 6, 7, 10, 11, 12 and 16, 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. 19. That prior to the commencement of the activity authorized by this resolution or prior to final building and zoning inspections whichever occurs first, Condition Nos. 2, 5, 4, 5, 14 and 17, above-mentioned, shall be complied with. 20. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 ail 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 by the City Council of the City of Anaheim this 25th day of July, 1989. ATTEST: ~ CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3240L 072889 -5- CUP 5157 CLERK STATE OF CALIFORNIA ) COUNTY OF OtLANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R-325 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 25th day of July, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-325 on the 2nd day of August, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of August, 1989. 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. 89R-325 duly passed and adopted by the Anaheim City Council on July 25, 1989. CITY CLERK OF THE CITY OF ANAHEIM