Resolution-PC 2002-5•
RESOLUTION NO. PC2002-5
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT AMENDMENT TO
RESOLUTION NO. PC 99-143 IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 4128
(TRACKING NO. 2001-04462) BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THAT PORTiON OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE
AND MERIDIAN, IN THE CITY OF ANAHEIM, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER
306.92 FEET NORTH OF THE SOUTHWEST CORNER OF SAID NORTHWEST
QUARTER, THENCE NORTH ALONG SAID WEST LINE 167.75 FEET, MORE OR LESS,
TO A POINT 16 FEET SOUTH OF THE LINE OF THE NORTH 25 ACRES OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8,
THENCE EAST, PARALLEL WITH SAID SOUTH LINE OF SAID NORTH 25 ACRES, 238
FEET; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST
QUARTER, 168.15 FEET TO THE NORTHEAST CORNER OF THE LAND CONVEYED
TO FRANCES L. MC NEILL BY DEED RECORDED JANUARY 21, 1938, IN BOOK 924,
PAGE 176 OF OFFICIAL RECORDS; THENCE WEST ALONG THE NORTH LINE OF
SAID LAND CONVEYED TO MC NEILL, 238 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 14, 2002, at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed amendment to conditional use permit
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed amendment (to permit the sales of propane in conjunction with a
previously-approved gasoline service station) is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Sections 18.03.091 and 18.44.050.070.
2. That the proposed amendment is hereby denied because the size and shape of the site
proposed for the amended use is not adequate to allow the full development of the proposed amended
use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare
of the Citizens of the City of Anaheim.
3. Tha# the proposed amendment would adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
4. That the granting of the amendment to the Conditional Use Permit under the conditions
imposed, if any, would be detrimental to the peace, health, safety and general welfare of the Citizens of
the City of Anaheim.
(T~acking No. 2001-04462) 1 of 2 PC2002-5
CR5275DM.doc
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5. That the tra~c generated by the proposed amended use would impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENViRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit the sales of propane in conjunction with a
previously-approved gasoline service station and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 4128 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the Negative Declaration
together with any comments received during the public review process and further finding on the basis of
the initial study and any comments received that there is no substantial evidence that the project will have
a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny subject Petition for amendment to Conditional Use Permit 4128 (Tracking No. 2001-
04462), on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 14, 2002.
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CHAIRPE ON, ANAHEIM PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 14, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ASSENT: COMMiSSIONERS: NOfVE
IN WITNESS WHEREOF, I have hereunto set my hand this ~'~J =~' day of
cc.r , 2002.
,~~Cll,o,-~-w,..- ~ u/J
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
Tracking No. 2001-04462) 2 of 2 PC2002-5
CR5275DM.doc