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88-007RESOLUTION NO. 88R-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2955. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ROBERT LOUIS CLARK AND HELEN ALLGEYER CLARK, STANDARD OIL COMPANY, P.O. BOX 3495, San Francisco, CA 94119, owner and CHEVRON USA, P.O. BOX 2833, La Habra, CA 90631 AND TAIT ~ ASSOCIATES, 900 Orangefair Lane, Anaheim, CA 92801, agent upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE WESTERLY 190 FEET OF THE SOUTHERLY 200 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 53.00 FEET WITH THE EAST LINE OF SAID WESTERLY 190.00 FEET OF SAID SECTION; THENCE NORTH 0 DEG. 19' 44" WEST ALONG SAID EAST LINE 107.00 FEET TO A POINT 40.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID SOUTHERLY 200.00 FEET: THENCE NORTH 45 DEG. 16' 14" WEST 56.63 FEET TO A POINT IN SAID NORTHERLY LINE OF SAID SOUTHERLY 200.00 FEET, SAID POINT BEING 40.00 FEET WESTERLY OF SAID EAST LINE OF SAID WESTERLY 190.00 FEET; THENCE SOUTH 89 DEG. 45' 26" WEST ALONG LAST MENTIONED NORTHERLY LINE 90.00 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 60.00 FEET OF SAID SECTION; THENCE SOUTH 0 SOUTH DEG. 19' 44" EAST ALONG LAST MENTIONED EASTERLY LINE 122.00 FEET TO A POINT 25.00 FEET NORTHERLY OF SAID NORTH LINE OF THE SOUTH 53.00 FEET OF SAID SECTION; THENCE SOUTH 46 DEG. 23' 56" EAST 36.10 FEET TO A POINT IN SAID NORTH LINE OF SAID SOUTH 53.00 FEET OF SAID SECTION, SAID POINT BEING 26.00 FEET EASTERLY OF SAID EASTERLY LINE OF THE WESTERLY 60.00 FEET OF SAID SECTION; THENCE NORTH 89 DEG. 46' 26" EAST ALONG LAST MENTIONED NORTH LINE 104.00 FEET TO THE POINT OF BEGINNING; 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 ali evidence and reports offered at said hearing, did adopt its Resolution No. PC87-233 granting Conditional Use Permit No. 2955; 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 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 granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2955 be, and the same is hereby, granted permitting gasoline sales in conjunction with a proposed convenience market on the hereinabove described real property, subject to the following conditions: That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Brookhurst Street in an amount as determined by the City Council. -2- 10. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim, an additional strip of land 12 feet in width along La Palma Avenue and Brookhurst Street. In the event that General Plan Amendment No. 210 pertaining to Critical Intersections is not adopted by the City Council, this condition shall be considered null and void. That paving shall be repaired along La Palma Avenue 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 existing most southerly driveway on Brookhurst Street and westerly driveway on La Palma Avenue shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. That street lighting facilities along La Palma Avenue 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 issuance of a building permit. The above-required improvements shall be installed prior to occupancy. That subject property shall be served by underground utilities. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. That unless waived by the Chief of the Fire Department, the following minimum standards shall apply: -3- That dispensing devices shall be located a minimum distance of 10 feet from any property line and so located that ail parts of a vehicle being serviced will be on private property. 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, will not reach within 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 6 inches in height. Alternate methods of providing equivalent protection may be permitted when approved by the Chief of the 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. ee 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 Fire Department, but controls shall not be more than 100 feet from dispensers. 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. 11. That there shall be no sale of beer, wine or other alcoholic beverages of any kind on the premises. 12. That during regular business hours of operation of subject facility, men's and women's restrooms shall be available to the public. -4- 15. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. 14. That the proposal shall comply with all signing requirements of the CL Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 15. That the owner of subject property shall submit a letter requesting termination of Variance Nos. 642 and 2410 and Conditional Use Permit No. 138S to the Zoning Division. 16. 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. 17. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 5, 7 and 15, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.05.090 of the Anaheim Municipal Code. 18. That prior to final building and zoning Condition Nos. 4, 5, 6, 7, 8, 9, 15 and shall be complied with. inspections, 16, above-mentioned, 19. 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, requlation 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 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. Council THE FOREGOING RESOLUTION is approved and adopted by the of the City of Anaheim this ~t~ da~f January, 1988. MAYOR OF THE CITY J OF ANAHEIM City ATTEST CITY CLERK OF THE CITY OF ANAHEIM BG:jb/2211L/011388 -S- CLERK 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. 88R-7 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the ~th day of January, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES; COUNCIL MEMBERS: None ABSE~££: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-7 on the 5th day of January, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5tl~ day of January, 1988. CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-7 duly passed and adopted by the Anaheim City Council on January 5, 1988. CITY CLERK OF THE CITY OF ANAHEIM~