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PC 83-64.~ RESOLUTION N0. PC83-64 A RESOLUTION OF THE ANAHEIM CZTY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2410 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for C~nditional Use Permit from ROBERT L. ZUCKEFMAN, 225 E1 Camino Drive, Beverly Hills, California 90212, owner, and ATLANTIC RICHFIELD COMPANY, ATTN: C. V. HICKS, 300 West Glenoaks Boulevard, Glendale, California, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE NORTH 180.00 FEET OF THE EAST 203.~0 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST ¢UARTER OF SECTION 13, TOWidSHIP 4 SOUTH~ RANGE I1 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. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 4, 1983, at 1:30 p.m., notice of said public hearing l~aving 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 'nearing, does find and determine the following facts: 2• ThaE the proposed use is properly one for which a conditional use permit is authorized by Anaheim Mun.icipal Code Section 18.03.030.010 to wit: to retain convenience retail sales in an existing service station. 2• That the proposed use is hereby granted subject to the petitioner's stipulation thal• the items to be sold at this site shall be limited to gum, packages of candy and mints, packaged nuts and seeds, candy bars, fruit juices (glass and cans), soda, chips (i.e., Fritos), cookies and cakes; and that the retail sales area shall be limited to 140 square £eet. 3• That the proposed use will not adversely affect the adjoining land uses and the qrowth 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 adequate to allow the full development of the proposed use in a manner not detrimental to the particula.~ area nor to the peace, health, saf2ty and general welfare of the Citizens of the City of Anaheim. #0561I PC83-6S 5. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 6. That the r.raffic 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. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPAC^ FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain convenience retail sales in an existing service station on a rectanaularly-shaped parcel of land consisting of approximately 0.46 acre located at the southwest corner. of Orange Avenue and Magnolia Avenue, and further described as 610 South Magnolia Avenue (ARCO M. P. & G.); and does hereby approve the Negative Declaration frum the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the ap~roval of this Ne9ative Declaration since the Anaheim General Plan designates the subject property for general commercial land uses commensurates with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Dec~aration substantiating the foregoing findings is on file in the City cf Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the followinq conditions which are aereby found to be a necessary prerequisite to the proQosed use of th? subject property in order to preser~e lt,e saEety and general welfare of the Citizens of the City of. Anaheim: 1. That the existing most northerly driveway on Magnolia Avenue and the existing most easterly driveway on Orange Avenue shall be removed and replaced ~vith a standard curb, gutter, sidewalk and landscaping. 2. That subject properky shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2 with a maximum retail sales area of 140 square-feet. 3. That Condition Nos. 1 and 2, above-mentioned, shall be completed within a period of 90 days from the date of this resolution. 4. That the retail sale of alcoholic beverages (including beer and wine) shall not be permitted in conjunction with this use. 5. That items to be sold at this location shall be limited to gum, package~ of candy and mints, packaged nuts and seeds, candy bars, fruit juices (glass and cans), soda, chips (i.e., Fritos), cookies and cakes. '2' PC83-64 , ~-, AE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this ResoJution is expressly predicated upon applicant's compliance with each and a11 of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforce:ble by the final judqment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. TfiE FOREGOING RESOLUTIOiJ is siqned and approved by me this 4th day of April, 1983. ~G-~ ~~~~~~ CHAIRMAN, RO TEMPORE ANAHEIM TY PLANNING COMMISSION ATTEST: ~ ~- ~ . SECRETARY, ANAHEIM CITY PLriNNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF CRANGE ) ss. CZTY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing reso).ution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 4, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, HERBST~ KING~ MC BURNEY NOES: COMMISSIONERS: LA CLAIRE ABSENT: COMMISSIONERS: FRY IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of April, 1983. `~~~_ ,~° ~~ SECRETFil2Y, ANAHEIM CITY PLANNING COMMISSION -3- PC83-64 i ;~ .. _ „~