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86R-336 RESOLUTION NO. 86R-336 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2810. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ADEL ATA ALl, 24825 Daphne West, Mission Viejo, California 92691, owner, and TALAT RADWAN/ABRAHAM ALl, 27182 Soledad, Mission Viejo, California 92692, agent,upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE NORTH 203.00 FEET OF THE WEST 207.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID LAND IS ALSO SHOWN AS PARCEL 1 ON A MAP RECORDED IN BOOK 10, PAGE 44 OF PARCEL MAPS; 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. PC86-l53 denying Conditional Use Permit No. 2810; 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. 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 denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 2810 be, and the same is hereby, granted permitting a convenience market with gasoline sales and off-sale beer and wine on the hereinabove described real property, subject to the following conditions: 1. That the existing most westerly driveway on Ball Road and the northerly driveway on Walnut Street shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 2. That all driveways shall be constructed or reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 3. 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 for new commercial buildings. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. That subject property shall be served by underground utilities. 6. That unless waived by the City Fire Marshal, the following minimum standards shall apply. a. 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 private property. -2- .'-'~""----"-"""--"^"--""<" 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. 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. 7. That plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 8. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1,2 and 3. 9. That prior to final building an zoning inspections, Condition Nos. 1, 2, 4, 5 and 7, above-mentioned, shall be complied with. -3- ~-_.. ",",-.,>,_~,_",<;,_,<,,_,"..,..._..,..,o.;.'_""'~."__'_~'""""","~.".'~_"..''''''~',_" _._^ 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. THE FOREGOING RESOLUTION is approved and adopted City Council of the City of Anaheim this 1St day of July, ATTEST: /' / ~~ J( ~ CITY CLERK OF THE CITY OF ANAHEIM JWF:pm 5096U -4- _............---_..-._-.._-_...~-~_.._..,.~.__.- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-336 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of July, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Bay, Pickler and Roth NOES: COUNCIL MEMBERS: Kaywood and Overholt ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-336 on the 15th day of July, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of July, 1986. ~"- 'l( ~ 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. 86R-336 duly passed and adopted by the Anaheim City Council on July 15, 1986. ~'l Cla~ .. .......,___..._.~u._.._,.. ........,... .~.