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1985-480RESOLUTION NO. 85R-480 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2695. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code from THRIFTY OIL COMPANY, 10000 Lakewood Boulevard, Downey, California, for a convenience market with gasoline sales and off-sale beer and wine upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: SURVEY PLAT OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE NORTH 0° 11' 15" WEST ALONG THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, A DISTANCE OF 203.00 FEET; THENCE SOUTH 89° 41' 20" WEST PARALLEL WITH THE SOUTHERLY LINE OF SAID SECTION 12, A DISTANCE OF 195.00 FEET; THENCE SOUTH 0° 11' 15" EAST PARALLEL WITH THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, A DISTANCE OF 203.00 FEET TO THE SOUTHERLY LINE OF SAID SECTION; THENCE NORTH $9° 41' 20" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 195.00 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONDEMNED BY THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION, A CERTIFIED COPY OF WHICH WAS RECORDED JULY 29, 1957 IN BOOK 3989 PAGE 163, 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 m,~.,., 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. PC85-175 denying Conditional Use Permit No. 2695; and -1- 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 ,~,a 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 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 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 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 enjoyed by other property under identical zoning classification in the vicinity. -2- 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. 2695 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 with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.44.064.010 - Minimum landscaped setback. subject to the following conditions: 1. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 2. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 3. That due to the change in use and/or occupancy of the building, 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 Code as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 4. 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 ten (10) feet from any 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 ten (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 five (5) feet of any building opening. c. That dispensing devices shall be protected against physical damage from vehicles by mounting on a concrete .W.~ island a minimum of six (6) inches in height. Alternate methods of providing equivalent protection may be permitted when approved by the Chief. d. That dispensing of gasoline into tYie fuel tank or into a container shall at all times be under the supervision of a qualified attendant. -3- 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 one hundred (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. 5. That street lighting facilities along Lincoln Avenue and Dale Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and.form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of building permits. The above-required improvements shall be installed prior to occupancy. 6. 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. 7. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 8. That the proposal shall comply with all signing w~. requirements of the CL Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 9. That no alcoholic beverages except beer and wine shall be sold on the property. -4- 10. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 tYirough 3; provided, however, that the existing trash enclosure be relocated to a location approved by the Street Maintenance and Sanitation Division. 11. All activities under the permit be in compliance with proposed Ordinance No. 4668. 12. Separate restrooms for men and women be provided on the premises. 13. That prior to the commencement of the activity authorized under this resolution, Condition Nos. 3, 5 and 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. 14. That prior to final building and zoning inspections, Condition Nos, 1, 2, 4, 7, 8, 9 and 10, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resol.ut.ion 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 Yierein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12th day of November, 1985. /` ` / OR OF THE CITY F ANAHEIM ATTEST: C~ • `,CITY CLERK OF THE Y OF ANAHEIM JWF:fm 4514M 120585 -5- 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. 85R-480 was introduced and adopted at a regular "'~'""^ meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of November, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-480 on the 12th day of November, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of November, 1985. ~,t,CITY CLERK OF THE C 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. 85R-480 duly passed and adopted by the Anaheim City Council on November 12, 1985. ~~t CITY CLERK ~ fit/