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91-030 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3358. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a 634 square-foot convenience market within an existing service station upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THOSE PORTIONS OF J.W. CLARK'S ADDITION TO ANAHEIM IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, ASM 31 PAGE 100, MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, AND OF HELEN AND LYNCH'S SUBDIVISION AS PER MAP RECORDED IN BOOK 442 PAGE 158 OF DEEDS, RECORDS OF SAID LOS ANGELES COUNTY, CALIFORNIA, LOCATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF BROADWAY AND LANDING ROAD "NOW KNOWN AS EUCLID AVENUE", AS SHOWN ON SAID MAP OF J. W. CLARK'S ADDITION TO ANAHEIM, SAID POINT BEING ALSO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST: THENCE SOUTH 190.00 FEET ALONG SAID CENTER LINE OF EUCLID AVENUE; THENCE EAST 200.00 FEET PARALLEL WITH SAID CENTER LINE OF BROADWAY: THENCE NORTH 190.00 FEET PARALLEL WITH SAID CENTER LINE OF LANDING ROAD TO SAID CENTER LINE OF BROADWAY; THENCE WEST 200.00 FEET TO THE POINT OF BEGINNING; 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. PC90-278 granting Conditional Use Permit No. 3358; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the city Council, on its own motion, caused CU~ #3358 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 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3358 be, and the same is hereby, granted permitting a 634 square-foot convenience market within an existing service station on the hereinabove described real property, subject to the following conditions: 1. That a fee for street lighting purposes shall be paid to the city of Anaheim based on the length of street frontage along Euclid Street and Broadway in an amount as established by City Council resolution. 2. That subject property shall be served by underground utilities. 3. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said division. Such information shall be specifically shown on the plans submitted for building permits. - 2 - CUP #3358 4. That the existing most westerly driveway on Broadway shall be removed and replaced with standard curb, gutter, sidewalk and landscaping. 5. That all remaining driveways shall be constructed with fifteen (15) foot radius curb returns as required by the City Engineer in conformance with Engineering Standards. ~' 6. That there shall be no sale of beer, wine or other alcoholic beverages of any kind on the premises, unless a conditional use permit is first approved authorizing such use. 7. That no fast-food service facilities shall be permitted in subject convenience market unless a variance for parking is approved by the city Council, Planning Commission or Zoning Administrator or unless sufficient Code parking is provided. ~ 8. That, as required by the Uniform Fire Code, the following minimum standards shall apply: a. Fuel 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 are on private property. b. Fuel 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 the hose is fully extended, shall not reach closer than five (5) feet to any building opening. c. Fuel dispensing devices shall be protected against physical damage from vehicles by mounting on a v concrete island a minimum of six (6) inches in height. Alternate methods of providing equivalent protection may be permitted when approved by the Fire Department. d. Dispensing of gasoline into fuel tanks or containers shall at all times be under the supervision of a qualified attendant. e. The attendant's primary function shall be to supervise, observe and control the dispensing of gasoline. ~ f. 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, and so designed that the contents can be dispensed without spilling. 3 CUP ~3358 g. It shall be the attendant's responsibility to control sources of ignition and immediately handle accidental spills and fire extinguishers if necessary. h. 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. Instructions for the operation of dispensers shall be conspicuously posted. j. Remote preset-type devices shall be in the "off" position while not in use so the fuel dispenser cannot be activated without the knowledge of the attendant. k. Fuel dispensing devices shall be in clear view of the attendant at all times and no obstacles shall be placed between the dispensing devices and the attendant. Use of cameras may be utilized as approved by the Fire Department. 1. The attendant shall at all times be able to communicate with persons in the fuel dispensing area via a two-way speaker system. 9. That no outdoor storage of, display of, or work on vehicles or vehicular parts shall be permitted. 10. That any proposed freestanding sign on subject property shall be a monument-type not exceeding eight (8) feet in height and shall be subject to the review and approval of the City Traffic Engineer. 11. That minimum fifteen (15) gallon trees, planted on maximum fifteen (15) foot centers and having with appropriate irrigation facilities, shall be installed and maintained along the south and east property lines. 12. That the on-site landscaping and irrigation system shall be refurbished and maintained in compliance with City standards. 13. That during business hours of subject facility, separate men's and women's restrooms shall be available to the public and shall be properly supplied and maintained. Said facilities shall be specifically shown on the plans submitted for building permits. 14. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked of Exhibit Nos. 1 and 2; including two (2) installations of minimum three CUP ~3358 (3) foot wide landscaped planters along Euclid Street and Broadway, including in the area where the driveway has been deleted (Condition No. 4), and (G) installation of "posts" and landscaping along the east property line as stipulated to by the petitioner at the City Council public hearing. 15. That prior to commencement of the activity authorized by -~" this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3 and 13, 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. 16. That prior to commencement of the activity authorized by this resolution or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 2, 4, ~ 5, 8, 10, 11, 12 and 14, above-mentioned, shall be complied with. 17. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 by the City Council of the City of Anaheim this 5th day of February, 1991. ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM JLW:dnl/R34CUP3358.113/020891 - 5 - CUP ~3358 STATE OF CALIFORNIA ) COUNTY OF O~NGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 91R-30 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of February, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution NO. 91R-30 on the 12th day of February, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of February, 1991. 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. 91R-30, duly passed and adopted by the City Council of the City of Anaheim on February 5, 1991. CITY CLERK OF THE CITY OF ANAHEIM