PC 82-169r~ , •
RESOLUTION NO. PC82-169
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
'PHAT PETITION FOR CONDITIONAL USE PERMIT NO, 2367 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditioaal Use Permit from KWIK-CHEK REALTY COMPANY, INC., 1240
South State College Boulevard, #100, Anaheim, California ~?806, owner, and THE
SOUTHLAND CORPORATION, ATTENTION: PAUL MULA, 1240 South State College
Boulevard, #100, Anaheim, California 92806, agent of certain real property
situated in the City of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF LOT 45 OF ANAHEIM EXTENSION, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
p, Mpp MADE BY jIM• NAMEL AND FILED IN THE OFFICE OF THE
COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
HEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE GF
NORTH STREET, G6 FEET WIDE, WITH THE WESTERLY LINE OF EAST
STREET, 66 FEET WIDE; AND RUNNING THENCE SOUTH 74° 50' 20"
WEST ALONG SAID NORTHERLY LINE OF NORTH STREET, 85 FEET;
THE;ICE NORTH 15° 06T 25" WEST 162.34 FEET TO THE CENTER OF
LA ppLMA AVENUE; THENCE EASTEFI,Y ALONG SAID CENTER LINE
88.04 FEET TO THE NORTHERLY EXTENSION OF THE WESTERLY LINE
OF EAST STREET; THENCE SOUTH 15° 06' 25" EAST ALONG SAID
EXTENSION AND THE WESTERLY LINE OF EAST STREET, 139.31 FEET
TO A POINT OF BEGINNING.
EXCEPT THE NORTHERLY 30 FEET AS MEASURED ALONG THE NORTH
LINE OF SAID LOT.
SAID LAND IS SHOWN ON A LICENSED SURVBYOR'S MAP RECORDED IN
BOOK 17, PAGE 47 RECORD OF SURVEYS, IN THE OFFICE OF THE
COUNTY RF.CORDER OF SAID ORANGE COUNTY•
PARCEL 2:
A7•T• THAT PORTTON OF LOT 45 OF ANAHEIM EXTENSION, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
HEGINNING AT A POINT IN THE SOUTHEASTERLY BOUNDARY LINE OF
SAID LOT 45, SAID POINT BEING DZSTANT ALONG SAID BOUNDARY
LINE SOUTH 74° 50' 20" WEST, 160.00 FEET FROM THE
SOUTHEASTERLY CORNER OF SAID LOT 45, SAID SOUTHEASTERLY
CORNER SEING THE INTERSECTION OF THE NORTHERLY LINE OF EAST
NORTH ST?2EET, 66.00 FEET IN WIDTH, WITH THE WESTERLY LINE
OF NORTH EAST STREET, 66.00 FEET IN WIDTH, THENCE FROM SAID
POINT OF BEGINNTNG AND ENTERING SAID LOT 45, NORTH 15° 06'
25" WEST, 182.65 FEET, MORE OR LESS, TO A POIt7T IN THE
NORTH£RLY LINE OF SAID LOT 45, SAID NORTHERLY LINE BEING
TH~ PROPOSED CENTER LIN~ OF EAST LA PAI~MA AVENUE, A F[J'i'URE
STREET; TFiF.NCE ALONG SAID rORTHERLY LINE OF SAID LOT 45,
EAST 77.68 FEET; THENCE SOUTH 15° 06' 25" EAST, 162.34 FEET
#0200I
PC82-169
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TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 45 AND THE
NORTHERLY LINE OF EAST NORTH STREET; THENCE ALUNG SAID
SOUTHEASTERLY LINE OF SAID LOT 45, SOUTH 74° 50' 20" WEST,
75 FEET TO A POINT OF AEGINtIING.
E:{CEPT THEREFROM THE NORTH 30 FEET.
SAID LAND IS SHOWN ON A LICENSED SURVEYOR'S MAP RECORDED IN
BOOK 17, PAGE 47 OF RECORD OF SURVEYS, IN THE OFFICE OP THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in ~he City of Anaheim cn September 8, 1982, at 1:30 p.m.,
notice of said public hearing having been duly given as required b} 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
WHERE;AS, 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 18.03.030.010 to
wit to permit a convenience market with gasoline sales and with waiver of:
SECTION 18.06.060.022 - Minimum number of parking spaces
and Z8.44.066.050 (12 spaces required; 9 spacas proposed)
2. That the proposed use is hereby denied on the basis that the
size of subject property is not adequate to buffer the tr.a'.fic noise generated
by the proposal from the adjacent residential area; and o:i the basis that the
existing use without the addition of gasoline sales has had a detrimental
impact on the surrounding residential neighbors due to traffic noise and
hazards and debris from the convenience market.
3. That the proposed use will 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 size and shape of the site proposed for the use is not
adequate to allow the full development of the propos~d 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.
5• That the granting of the Conditional Use Permit under the
canditions imposed, if any, w?11 be detrimental to the peace, health, safety
and aoneral welfare cf the Citizens of the City of Anaheim.
6. That the traffic generated by the proposed use will. impose an
undue bur3en upon the streets and highways designed and improved to carry the
traffic in the area.
'Z' PC82-169
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; 7• That one person indicated their presence at said public hearing
'~ in opposition; and that no correspondence was received
= subject petition. in opposition to the
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Plann~,ng
Commission has reviewed the proposal to reclassify subject property from the
RS-7200 (Residential, Single-Famil
to ermit Y? Zone to the CL (Comnercial, Limited) Zone
p a convenience market with qasoline sales with waiver of minimum
n~ez of parking spaces on an irregularly-shaped parcel of land consisting of
.: approximately 0.37 acre located at the southwest corner of La Palma Avenue and
East Street, an~ further described as 775 North East Street (7-Eleven utore);
s and does hereby approve
i re are
P P an environmental mpact ereport on cthea basisfthat tthereeq ould ebe no
~ significant individual or cumLlative adverse environmental impact due to the
~ approval of this Negative Declaration since the Anaheim General Plan
designates the subject property for medium density residential land uses
commensurates with the proposal; that no sensitive environmental impacts are
involved in the proposal; tha:: the Initial Study submitted by the petitioner
indica'tes no significant individual or cumulative adverse environmental
impacts; and that the Negative Declaration substantiating the foregoing
findings is on file in the City of Anaheim Planning Department.
N047, THEREFORE, BE IT RESOLVED that the Anaheim Ci.ty Planning
Commission does hereby deny Petition for Conditional Use Permit on the basis
of the aforementioned findings.
T~E F'OREGOING RESOLUTION is signed and approved by me this 8th day of
September, 1982.
-~ii9~ F~]AN~-~l~~~
ATTEST: C r A1IAHEIM CITY PL NG COMMI-gg=pp7
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SECRETARy, pr7pgglM CITy pl,pi~2NG C~~ISSION
STATE OF CAI,IFORNIA )
COUNTy OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a
meeting of the Anaheim C.ity Planning Commission held on September g~ lgg2~ bY
~he followinq vote of the members thereof:
AYES: COMMISSIONERS; BOUAS, 9USHOR~, FRY, HERBST, ICING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LA CLAIRE
IN WITAIESS WHEREOF, I have hereunto set my hand th~s 8th day of September,
1982.
SECRETARY, AN,~HEIM CITYrP ING COMMigg=pN
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