Resolution-PC 2003-11• .
RESOLUTION NO. PC2003-11
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04646 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 LAND LOCATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP
4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF BALL ROAD AND WESTERN
AVENUE; THENCE EASTERLY ALONG THE CENTERLINE OF BALL ROAD, N89° 38' 40"
E., 170.00 FEET; THENCE S.0° 09' 20 E., 53.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE S.0° 09' 20" E., 118.00 FEET; THENCE S.89° 38' 40" W., 125.00
FEET; THENCE NO° 09' 20" W., 103.05 FEET TO THE BEGINNING AT A TANGENT
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 89° 48' OQ" AN /~iRG DIS~ANCE OF 23.15 ~EET-; TH.EN.CE__N_89° 38' 40" E.,_ 110.05
FEET TO THE TRUE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 13, 2003 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 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 use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section Nos. 18.44.050.060 and 18.44.050.195 to establish conformity with existing
zoning code requirements for an existing convenience market with the retail sale of beer and wine for off-
premises consumption, and to permit a truck rental facility as a second primary use with waiver of the following:
Section Nos. 18.06.050.020.022.0225 - Minimum number of parkinq spaces.
18.06.080 (18 sqaces required;
and 18.44.066.050 15 spaces proposed and concurred with by the City Traffic and
Transportation Manager)
2. That the waiver of minimum number of parking spaces is hereby denied because of the
unpredictability of the number of rental vehicles which might be on-site at any single time and the potential
circulation conflicts due to the size of the rental trucks associated with the proposed vehicle rental business.
3. That the waiver, if approved, would cause fewer off-street parking spaces to be provided for the
proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use
under the normal and reasonably foreseeable conditions of operation of said use.
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4. That the waiver, if approved, would increase the demand and competition for parking spaces
upon the public streets in the immediate viciniry of the proposed use.
5. That the waiver, if approved, would increase the demand and competition for parking spaces
upon adjacent private property in the immediate vicinity of the proposed use.
6. That the waiver, if approved, would increase traffic congestion within the off-street parking areas
or lots provided for the proposed use.
7. That the waiver, if approved, would impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of the proposed use.
8. That although the land use conformity request for the existing convenience market with the
retail sale of beer and wine for off-premises consumption is denied, said denial does not impact the existing use,
which is permitted to continue to lawfully operate in its current configuration.
9. That the proposed truck rental facility (which would be a second primary use on the property in
connection with the existing convenience market with the retail sale of beer and wine for off-premises
consumption) is hereby denied because of the unpredictability of the proposed business operation, and based
on the previous illegal business operation; that approval of this conditional use permit would be detrimental to
the peace, health, safety, and general welfare of the local community; and that the proposed use is
incompatible with the surrounding area and character of the local residential neighborhood.
10. That although the size and shape of the subject property may be able to accommodate the
renfaf an~i ~torage of two vehieles, the probabi4it~ of the proposed_business o~erating beyond this capacity is
very high; that it is reasonable to anticipate that full development and growth of the proposed use would result
in more than two rental vehicles being on the property; and that'full developmenY of the proposed use would
result in an over-intensification of uses on the subject property and would negatively impact adjacent and
surrounding properties.
11. That the proposed use, if approved, would adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
12. That the size and shape of the site proposed for the use is not adequate to allow full
development of the proposed 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.
13. That the traffic generated by the proposed use would impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
14. That if the proposed use were approved, adjacent and nearby residential properties would be
affected by additionaf traffic and noise that would occur as early as 7:00 a.m. and as late as 11:00 p.m. any day
of the week; and that the traffic and/or parking impacts would occur because the nature of the proposed vehicle
rental business is unpredictable and would be difficult for the business owner to regulate.
15. That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to establish conformity with existing zoning code requirements for an
existing convenience market with the retail sale of beer and wine for off-premises consumption, and to permit a
truck rental facility as a second primary use with waiver of minimum number of parking spaces on a
rectangularly-shaped 0.34-acre property located at the southeast corner of Ball Road and Western Avenue,
having frontages of 125 feet on the south side of Ball Road and 118 feet on the east side of Western Avenue,
and further described as 3174 West Ball Road (A-1 Food Mart); and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it
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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 Conditional Use Permit, on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 13, 2003.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNiN~ c~nnmisSi~N
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
t, Eleanor-Morris; Senior S~Eretar~r of#he 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 13, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ g~ day of 0.v~Uctr ,
2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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