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PC 83-65RESOLUTION N0. PC83-65 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2411 BR GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from ARTHUR B. WILMSEN TROST BANK OF AMERICA, P, p. IIox 7980, Plewport Beach, California 92660, ATTN: PAUL POPMA- Senior Trust Officer, and ATLANTIC RICHPIELD COMPANY, ATTN: C. V. HICKS, 300 West Glenoaks Boulevard, Glendale, California 91202, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, desczibed as: THE SOUTH 2O0.00 FEET OF THE WEST 200.00 FEET OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH~ RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM~ CUUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 53.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 53.00 FEET THEREOF. SAID LAND IS SHOWN ON A MAP FILED I~~ BOOK 43 PAGE 26 OF RECORD OF SURVEYS 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 having been duly given as requit•a by law and in accordance with the provisions of the Anaheim Municipa? ~ode, Chapter 18.03, to hear and consider evidence for and against said proposed c~nditional 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 Eacts: 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 retain a convenience retail sales in an existing service station. 2. That the proposed use is hereby granted subject to the petitioner's stipulation that the items to be sold at this site shall be limited to gum, packages of candy and mints, packaged nuts and seeds, candy hars, fruit juices (glass and cans), soda, chips (i.e., Fritos), coof;ies and cakes; and that the retail sales area shall be limited to 200 square feet. 3. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is Froposed to be located. #0562I PC83-65 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 oetrimental 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 condition~ 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 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. 7. That no one indicated their presence at said public hearing in opposition; and that no cocrespondence was r.eceived in opposition to the subject petition. ENVIRUNMENTAL ZMPACT FINDING: That the Anaheim City Planning Commission has ceviewed the proposal co retain convenience retail sales in an existing service station on a rectangularly-shaped parcel of land consisting of approximately 0.50 acre located at the northeast corner of La Palma Avenue and State College Boulevard, and further described as 1000 North State College Boulevard (ARCO M. P. & G.); and does hereby approve the Negati.ve Declaration from the requirement to prepare an environmental impact report on the basis that `here would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general commeccial land uses commansurates wich the proposal; that no sensitive environmental impacts are ir,volved in the proposal; that the Initi.al Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaratiort substantiating the foregoing findings is on file in the City of 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 following conditions which are hereby found to be a necessary pretequisite to the proposed use of the subject propecty in order to preserve the safety an~9 general welfare of the Citizens of the City of Anaheim: 1. That the existing most southerly driveway on State College Boulevard and the existir.g most westerly driveway on La Palma Avenue shall be removed and ceplaced with a standard curb, gutter, sidewalk and landscaping. 2. That subject property shall be developed substantially in accordance wirh plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2 with a maximum retail sales area of 200 square-feet. 3. That Condition Nos. 1 and 2, above-mentioned, shall be completed within a period of 40 days from the date of this resolution. 4. That tha retail sale of alcohclic bevecages (including beer and wine) shall not be rermitted in conjunction with this use. -2- PC83-65 .T, 5. That items to be sold at this site shal]. 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. BE IT FURTHSR RESOLVED that the Anaheim City Planning Commission 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 RE50LUTION is signed and approved by me this 4th day of April, 1983. ',~, {J ~,/~,c,..~ „~,~/au-w~ - CfiAIRi9F1~1; PRO TEMPORE ANAHEIM CITY PLANNING COMMISSION ATTEST: `~OLX~(~ „L° G~f7~JUl~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) 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 meetinq of the Anaheim City Planning Commission held on April 4, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, HERB5T, KING, MC BURNEY NOES: COMMISSIONERS: LA CLAIRE ABSENT: COMMISSIONERS: FRY IN WITN~SS WHEREO^, I have hereunto set my hand this 4th day of April, 1983. ~~ ~ ~,~.A,~., SECRETARY, ANAHEIM CI'PY PLANNING COMI9ISSION _3_ PC83-65