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80R-480 RESOLUTION NO. 80R -480 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2110 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from M. CONWAY MORRIS, owner, and HERBERT CHRISTENSEN, agent, to permit a convenience market with gasoline facilities on certain real property located in the City of Anaheim, County of Orange, State of California, described as: LOTS 2 AND 3 OF TRACT NO. 1647 AS PER MAP RECORDED IN BOOK 87, PAGE 10 TO 13, INCLUSIVE, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, -1- ATTY -26 (Page 1 of 2 Pagu) 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 re- quired 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. PC80 -155 , granting Conditional Use Permit No. 2110 ; 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 consider- ation 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. 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 im- pose 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 granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2110 be, and the same is hereby, granted permitting a convenience market �-� with gasoline sales facili .ties on the hereinabove described property, subject to the following conditions: 2- ATTY-26 (Page 2 of 2 Pages) 1. That the owner of subject property shall conditionally dedicate to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Cerritos Avenue and Walnut Street for street widening purposes, conditioned upon de- mand by the City Engineer. 2. That trash storage areas shall be provided in accord- ance with approved plans on file with the Office of the Executive Director of Public Works. 3. That the existing driveway on Walnut Street shall be closed and curbs, sidewalks and gutters shall be reconstructed as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 4. That the method of dispensing gasoline shall be subject to the approval of the Fire Marshall. 5. That the owner of subject property shall submit a letter requesting the termination of Variance Nos. 491 and 1968 to the Planning Department. 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 and 2. 7. That Condition Nos. 1 and 5, 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 per- mit 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 8. That Condition Nos. 2, 3 and 6, above - mentioned, shall be complied with prior to final building and zoning inspections. 9. That the daily hours of operation shall be between 6:00 o'clock a.m. and 11:00 o'clock p.m. 10. That there shall be no sale of alcoholic beverages, in- cluding beer and wine, on the premises. BE IT FURTHER RESOLVED that the City Council hereby re- serves the right to revoke such Conditional Use Permit for good cause or failure of said owner, his heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions therein. THE FOREGOING RESOLUTION is approved and adop ed by the City Council of the City of Anaheim this 28t. d- of ober, 1980. L AO T AN . .4:r. ,'AYOR OF THE OF ANAHEIM ATTEST: TY CLERK OF THE ITY OF ANAHEIM JLW :fm -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 80R -480 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of October, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 80R -480 on the 28th day of October, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of October, 1980. CITY CLERK OF THE CITY OF AHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 80R -480 duly passed and adopted by the Anaheim City Council on October 28, 1980. CITY CLERK