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83R-184 RESOLUTION NO. 83R-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2413. 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 the sale of convenience food and beverage items by means other than vending machines in conjunction with an existing gasoline service station on certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF LOT 6 OF THE J.D. TAYLOR TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGES 58, 59 AND 60 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF LOT 4 IN SECTION 4, TOWNSHIP 4 SOOTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, IN SAID CITY, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICE PLAT THEREOF DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 6 NORTH 17 DEGREES 00' 26" WEST 50.65 FE~T; THENCE NORTH 75 DEGREES 45' 34" EAST 98.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 75 DEGREES 45' 34" EAST 180.85 FEET TO THE CENTER LINE OF JEFFERSON STREER, 100.00 FEET WIDE, AS DESCRIBED IN PARCEL 1 OF THE DEED TO CITY OF ANAHEIM RECORDED MAY 17, 1968 IN BOOK 8605 PAGE 255 OF OFFICIAL RECORDS; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE TO AND ALONG THE CENTER LINE OF JEFFERSON STREET, 100.00 FEET WIDE, AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, RECORDED APRIL 15, 1968 IN BOOK 8572 PAGE 780 OF OFFICIAL RECORDS, TO THE NORTHERLY LINE OF BATAVIA STREET, 80.00 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 4643 AS PER MAP RECORDED IN BOOK 195 PAGES 35 TO 37 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID BATAVIA STREET TO A LINE WHICH BEARS NORTH 14 DEGREES 14' 26ft WEST AND WHICH PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE NORTH 14 DEGREES 14' 26ft WEST TO THE TRUE POINT OF BEGINNING; and WHEREAS, said application requests a waiver or variance from the followin9 provisions of the Anaheim Municipal Code: SECTION 18.05.069.010 and 18.05.030.055 Permitted Advertising on Lighter Box Signs. (Product advertising on lighter box signs [canopy spandrel] not permitted; product advertising existing) 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 all evidence and reports offered at said hearing, did adopt its Resolution No. PC83-67, granting Conditional Use Permit No. 2413; 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. -2- WHEREAS, the City Council further finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports at said public hearing: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjdyed by other property ;under identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed, in part, and that Conditional Use Permit No. 2413 be, and the same is hereby, granted permitting the sale of convenience food and beverage items by means other than vending machines in conjunction with an existing gasoline service station, with a waiver of the aforesaid provisions of the Anaheim Municipal Code, subject to the following conditions: 1. That appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 2. 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 with a maximum retail sales area of 200 square feet. 3. That Condition Nos. 1 and 2, above-mentioned, shall be completed within a period of 90 days from the date of this resolution. 4. That the retail sale of alcoholic beverages (including beer and wine) shall not be permitted in conjunction with this use. 5. That items to be sold at this site shall be limited to gum, packages of candy and mints, packaged nuts and seeds, candy bars, fruit jUices (glass and cans), soda, potato and corn chips, cookies and cakes. 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. -3- I _"".""""".'.-._~__"_." THE FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anaheim t~~f Ma 1983. MAYOR OF THE CIT City ATTEST: ~LJ,.D~ CITY CLERK OF THE ITY OF ANAHEIM JLW: fm l089M 5-19-83 _4_