83R-116
RESOLUTION NO. 83R-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2373.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from IBERHAM ALI ATA, owner, and TALAT RADWAN and AL SERRATO,
agents, to permit the addition of a convenience market to an
existing gasoline service station on certain real property
situated within the City of Anaheim, County of Orange, State of
California, legally described as follows:
THE SOUTH 160 FEET OF THE EAST 115 FEET OF LOT 67 OF
TRACT NO. 2773, AS SHOWN ON A MAP RECORDED IN BOOK
116, PAGES 24, 25, AND 26 OF MISCELLANEOUS MAPS,
RECORDS OF SAID COUNTY; 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 all evidence and reports offered at
said hearing, did adopt its Resolution No. PC83-26, denying
Conditional Use Permit No. 2373; 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.
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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 the action of the City Planning
Commission denying said conditional use permit be, and the same
is hereby, reversed and that Conditional Use Permit No. 2373 be,
and the same is hereby, granted permitting a convenience market
in conjunction with an existing gasoline service station on the
hereinabove described property, subject to the following
conditions:
1. That the owner(s) of subject property shall pay to the
City of Anaheim a fee, in an amount as determined by the City
Council, for tree planting purposes along Brookhurst Street.
2. That appropriate water assessment fees as determined by
the Office of Utilities General Manager shall be paid to the City
of Anaheim prior to the issuance of a building permit.
3. That the owner(s) of subject property shall pay to the
City of Anaheim a fee, in an amount as determined by the City
Council, for street lighting along Brookhurst Street.
4. That the owner(s) of subject property shall pay the
traffic signal assessment fee (Ordinance No. 3896), in an amount
as determined by the City Council, for commercial buildings prior
to the issuance of a building permit.
5. That a separate attendant shall be on duty at all times
for the dispensing of gasoline per recommendation of the Fire
Chief.
6. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. I and 2 (Revision No. I).
7. That Condition Nos. 1 and 3, above-mentioned, shall be
complied with prior to the commencement of the activity
authorized under this resolution, or prior to the time that the
building permit is issued, or within a period of one year from
date hereof, whichever occurs first, or such further time as the
Planning Commission may grant.
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8. That Condition No.6, above-mentioned, shall be
complied with prior to final building and zoning inspections.
9. That the design and improvement of the existing and
proposed driveways shall be subject to review and approval of the
City Traffic Engineer.
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 unen-
forceable by the final judgment of any court of competent juris-
diction, then this Resolution, and any approvals herein con-
tained, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
city Council of the City of Anaheim ~ day of March, 1983.
MAYOR OF THE
ATTEST:
~!i!~F ANAHEIM
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4-20-83
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CIty OF ANAHEIM )
I, LINDA D. ROBERTS, City C~erk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 83R-116 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 22nd day of March, 1983, by the following vote of the members thereof:
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AYES: COUNCIL MEMBERS: Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Kaywood and Bay
ABSENT: COUNCIL MEMBERS: ~one
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 83R-116 on the 22nd day of March, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of March, 1983.
~~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. 83R-116 duly passed and
adopted by the Anaheim City Council on March 22, 1983.
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CITY CLERK
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