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84R-207 RESOLUTION NO. 84R-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING, IN PART, CONDITIONAL USE PERMIT NO. 2557. .",....,,^ WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ROBERT K. WALKER, et al., owner, and MOBIL OIL CORPORATION, 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: PARCEL 1: THE SOUTH 89 FEET OF THE NORTH 254 FEET OF THE WEST 180 FEET OF THE NORTH 5 ACRES OF THE WEST 20 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 18, 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. PARCEL 2: THE WEST 133 FEET OF THE NORTH 165 FEET OF THE NORTHWEST QUARTER OF SECTION 18, 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. EXCEPTING THEREFROM THE NORTH 66 FEET. ALSO EXCEPTING THEREFROM THE FOLLOWING: BEGINNING AT A POINT IN THE SOUTH LINE OF THE NORTH 66 FEET OF THE WEST 168 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 18, DISTANT ALONG SAID SOUTH LINE EASTERLY 70.00 FEET FROM THE WEST LINE OF SAID SECTION; THENCE ALONG SAID SOUTH LINE WESTERLY TO SAID WEST LINE; THENCE ALONG SAID WEST LINE SOUTHERLY TO A LINE WHICH IS PARALLEL WITH AND DISTANT SOUTHERLY 20.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID SOUTH LINE: THENCE ALONG SAID PARALLEL LINE EASTERLY 50.00 FEET; THENCE NORTHEASTERLY IN A DIRECT LINE TO THE POINT OF BEGINNING. PARCEL 3: THE EAST 35 FEET OF THE WEST 168 FEET OF THE NORTH 165 FEET OF THE NORTHWEST QUARTER OF SECTION 18, 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. EXCEPTING THEREFROM THE NORTH 66 FEET. -1- --=--",...._-..""".. . PARCEL 4: THE EAST 12 FEET OF THE WEST 180 FEET OF THE NORTH 165 FEET OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. ..... EXCEPTING THEREFROM THE NORTH 66 FEET AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 30, 1955 IN BOOK 3192, PAGE 168 OF OFFICIAL RECORDS. PARCEL 5: THE EAST 50 FEET OF THE WEST 230 FEET OF THE NORTH 254 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, 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. EXCEPTING THE NORTH 66 FEET THEREOF, AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 30, 1955 IN BOOK 3192, PAGE 168 OF OFFICIAL RECORDS; 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, investi- gation 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. PC84-64 granting, in part, Conditional Use Permit No. 2557; 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 considera- tion 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 adjoining land uses and the growth and development of the area in which it is proposed to be located. -2- 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, in part, said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2557 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: 1. That the existing most northerly driveway on Magnolia Avenue and the existing most westerly driveway on Lincoln Avenue shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 2. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Lincoln Avenue and Magnolia Avenue 'in an amount as determined by the City Council. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 4. That the owner of subject property shall submit a letter requesting termination of Variance No. 2467 to the Planning Department. 5. That in accordance with the requirement of the City Fire Marshall, the fOllowing minimum standards shall apply: a. That dispensing devices shall be located a minimum distance of 10 feet from a property line and so located that all parts of a vehicle being serviced will be on private property. b. 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, shall not reach within 5 feet of any building opening. c. 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. -3- d. That dispensing of gasoline into the fuel tank or into a container shall at all times be under the supervision of a qualified attendant. ....-...- e. That the attendant's primary function shall be to supervise, observe and control the dispensing of gasoline. f. 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. g. That it shall be the attendant's responsibility to control sources of ignition and immediately handle accidental spills and fire extinguishers if necessary. h. 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. j. That remote preset-type devices are to be in the "off" position while not in use so the dispenser cannot be activated without the knowledge of the attendant. 6. 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, including separate public restrooms for men and women. 7. That prior to the commencement of the activity authorized under this resolution, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1 through 6, 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. 8. That the approved use shall consist of the sale of "snack" items and there shall be no sale of beer and wine or other alcoholic beverages of any kind on the premises. 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. -4- """"",_-....- City THE FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anaheim th~y~~. MAY~ OF THE CITY OF ANAHEIM ATTES~ ~ CITY CLERK OF THE CITY OF ANAHEIM JLW: fm 2673M 6/15/84 -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Cle~k of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R-207 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on --, the 5th day of June, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R-207 on the 5th day of June, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of June, 1984. ~ 'lt~ 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. 84R-207 duly passed and adopted by the Anaheim City Council on June 5, 1984. ~,,---;Jts-~ CITY CLERK ~