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88-186RESOLUTION NO. 88R-186 A RESOLUIlON OF 2'HE OF ANAHEIM GRANTING NO. 2993. CITY COUNCIL OF THE CITY CONDITIONAL USE PERMIT WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code from ATLANTIC RICHFIELD CORPORATION, 17315 Studebaker Road, Artesia, CA 90702-6411, owner and W.F. REYNOLDS, 24785 LaGrima, Mission Viejo, CA 92692, agent, to permit expansion of 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: THAT PORTION OF hOT 30 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN TBE CENTER LiNE OF WEST STREET, 66 FEET IN WIDTH, DISTANT THEREON 201.8S FEET NORTHERLY FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF BALL ROAD, 60 FEET IN WIDTH, AND RUNNING THENCE SOUTHERLY ALONG SAID CENTER LINE OF WEST STREET, 201.85 FEEl' TO SAID CENTER LINE OF BALL ROAD; THENCE WESTERLY ALONG SAID CENTER LINE OF BALL ROAD, 196.70 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO SAID CENTER LINE OF BALL ROAD, TO AN INTERSECTION WITH A LINE WHICH IS AT RIGHT ANGLES TO SAID CENTER LINE OF WEST STREET AND WltICH PASSES 2HROUGH 2'HE POINT OF BEGINNING; THENCE EASTERLY 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 b7 itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC88-86 denying Conditional Use Permit No. 2993; 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 WttEREAS, 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. Tile size and shape of the site proposed for tile 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. 1'he 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and ali evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. The variance(s) will not cause congestion in the immediate vicinity nor adjoining land uses; and an increase in traffic adversely affect the 2. The granting of the variance(s) under tile conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. NOW, TttEREFORE, 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 said conditional use permit be, and the same is hereby, and that Conditional Use Permit No. 2993 be, and the same is hereby, granted permitting expansion of a convenience market with gasoline sales on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.050.022 and 18.48.066.050 Minimum Number of Parking Spaces. (l__l required; ~ proposed) -2- subject 1. to the following conditions: 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 curbs, gutters, driveways, damaged and/or hazardous sidewalks shall be removed and/or reconstructed along Nest Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. That ail driveways shall be reconstructed to accommodate ten (10) foot radius curb returns. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. That the new construction authorized by this resolution shall be served by underground utilities. That as required by the Uniform Fire Code, the following minimum standards shall apply: That dispensing devices shall be located a minimum distance of 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 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. d o That dispensing of gasoline into the fuel tank or into a container shall at ali times be under the supervision of a qualified attendant. e o 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. o 10. 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. 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 ail times and no obstacles shall be placed between the dispensing devices and the attendant. 1. That the attendant shall at ail times be able to communicate with persons in the dispensing area. That during hours of operation of subject facility, men's and women's restrooms shall be available to the public. That in conformance with Anaheim Municipal Code Section 18.48.050.055, the owner/developer shall provide a recorded agreement to the Zoning Division agreeing to remove the service station structures in the event that the station is closed for a period of twelve (12) consecutive months. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. That any off-sale of beer and wine on the premises shall comply with the provisions of Subparagraphs (a) through (L) of Section 18.87.025.020 of the ^naheim Municipal Code. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. in addition, the location of the trash storage area shall be reviewed and approved by the Street Maintenance and Sanitation Division. That ail air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. -4- That the proposal shall comply with all signing requirements of the CR Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 12. 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 3. 13. That prior to the commencement of the activity authorized by this resolution or 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 and 7, 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. 14. That prior to the commencement of the activity authorized by this resolution, or final building and zoning inspections whichever occurs first, Condition Nos. 2, 3, 4, 5, 6, 9, 10 and 12, above-mentioned, shall be complied with. 15. 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 Oetermine 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 3rd d~ay of May, 1988. ATTEST: ~gI~Y C~ANAHEIM JLW/jd 2443L 050988 -5- CL~RK Si'ATE OF bALZFOFJqZA ) COUNTY OF OR. GE ) ss. CiTY OF ANAHEiM ) i, ANN M. SAUVAGEAU, Assistant City Clerx of tne City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-180 was introduced and adopted at a regular meeting provided by law, of tile City Council of the City of Anaheim held on the 3rd day of May, 1986, by the following vote of the members thereof: AYES: COJNCi~ i~EMBERS: Enrle, Hunter, Bay NOES; COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. ~gR-i~6 on the 10th day of May, 1988. WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10tl~ day of May, AS S±S'fAN'£ Cl' OF (SEAL) I, A~N I4. SAUVAGEAU, Assistant City Clerk of t~e City of Anaheim, do hereoy certify that the foregoing is the original of Resolution No. 88R-186 duly passed and adopted Dy the Anal~eim City Council on May 3, 1998. ASSiS fAN~ CITY'ANAHEiM