PC 85-175.~
RESOLUTION N0. PC85-175
A RESOLUTION OF THE ANAHEIPI CI'.PY PLAtdNIN(~ COMMISSION
THAT PETITIUN FOR CONDITIONAL USE PEP.MIT N0. 2695 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified
F~etition for Conditional Use Permit from THRIFTY CaliforniaAN90240TT ownet `of
JOHNSON, JR., 1U,000 Lakewood Boulevacd, Lowney, County of Orange, State
certain ceal property situated in the City of Anahei:n,
of California, :3escribed as:
SURVEY YLAT 0~ THAT PORTION f)i' TH~ SOUTHEAuT QUARTER OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QOARTER OF SECTION
L2, TOWIvSHIP 4 SOUTH~ RANGE 11 WF.ST~ IN TffE RANCHO LOS
COYOTES, CITY UF P.NAHEIM, CUUNTY UF ORANGE, ST11TE OP
CALIFOP,NIA, AS PER h1P.P RECORD~li IN BOOK 51 PAGE 11 OF
FIISCELLANEOt1S MAPS, IN THE OE'FICE OE' 'PHE CUUNTY RECORDER
OF SAID COUNTY.
BEGINNING AT THE SOUTHEAST COI2NER OF THE SCU'PHWEST QUARTER
OF SAID SECTION 12; THENCE NOItTH 0° 11" l.5" WEST ALONG THE
GASTERLY LINE OP THE SOUTHWES°' QUAP.TER OF SAID SECTION, A
DISTANCE OF 203.00 FEET; T~~EIHCE SOUTH 89° 41' 20" WEST
PARALLEL WITH TNE SOUTHERLPHENC~' SOU7'HAIO° S11TI 15"1 EAST
DISTANCE OF 195.00 FEET;
PARALLEL WITH THE EASTERLY LINE OF TFIE SOOTHWEST QUARTER
OF SA'D SECTION, A llISTANCE OF ?.03.00 F'EET TO THE
SOUTHERLY LINE OF SaID SECTION; THENCE NOR7'H 89° 41' 20'
EAST ALONG SAID SOUTHERLY LI!~E, A DIS'.CAI4CE OF 195.00 FEET
TO THE POII4T OC BEGINNING.
EXCEPT THAT PURTIUN CUNDEt4NED BY THE STATE OF CALIFORNIA
BY FINAL ORDER OF CQN 1957TIIJNBOO.K 39ES9 PAGE 163~ OFFICIAL
WAS RECURDED JULY ~9,
RECORDS.
wHEREAS, tte Cit,y Planning Commission did hold a public heacing at
the Civic Center in the City of Anaheim cn Juiy 22, 19E5 at 1:30 p.m., notice
of said public heacing having been duly yiven as required by law and in
accordsnc2 with the provisions ~f the Anaheim Municipal Code, Chaptet 18.03,
to hear and consider evidence for and against said pcoposed 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 behall-, ar.3 aftec due consideration of all
evidence and ~eports offered at said heari~g, cloes find and determine the
following facts:
1. That the pcoposed use is ptope~ly one for which a conditional
use permit is authorized by Anaheim Municipa:. Code Section 18.03.030.010 to
wit: to pe~mit a convenience market with gasoline~ sales and off-sale beer and
~dine with waivet of:
SECTIUN 18.44.064.U10 - Minimun landscaped setback.
(3 feet adjacent to Lincoln Avenue required;
0-to-5 feet proposed)
PC85-175
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Z• That the proposed use is hereby denied on the basis that the
off-sale beer and wine in conj~nction with the sale of gasoline could result
in unsafe drivzng and contcibute to the drursk dr.ivinq pcoblem and be
detrimentai Co the public's peace, health, safety and general welfare.
3. That the requested variance is hereby denied on the basis that
there are nu special circumstances applicable to the property such as size,
shape, topography, location and surroundings which do not apply to other
identically zoned property in the sam~ vicinity; and that strict application
ot the 7oniny Code does not ~eprives the p[operty of privileges enjoyed by
other properties in the identical zone and classification in the vicinity,
4• That the proposea use will adversely affect the adjoining land
uses and the growth and development oE the area in which it is proposed to be
located.
5• That the si.ze and shape of the sice proposed for the use is not
adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area nor to the peace, hea.ith, safety and
general welfare of the Citizens of the City of Anaheim.
6- That the yranting of the Conditional Ose Permit under the
conditions imposed, if any, will be detrimental to the peace, health, safety
and general welfare of the Citizens of the City cf Anaheim.
7• That the traffic generated by the oroposed use will impose an
undue burden upon the ctreets and liighways designed and impcoved to carry the
traffic in the area.
8• That 5 persons indicated th~ir presence at said public heating
in opposition; and thak no correspondence was received in opposition tu the
subject petition.
EPlVIRONMENTAL IMPACT FINDING: That the Araheim City Planning
Commission has reviewed ry~ proi'~ca1 tc perrit ~ cunvenience market with
gasoline sales and off-sale beer and wine with waiver of minimum landscaped
setback on a reotangu.larly-shapcd paccel of land consisting of approximately
0.56 ucce located at the northwest corner of Lincoln Avenue and Dale Avenue,
and further described as 2R01 West L±ncoln ~venue; and does hereby approve the
Negative Declaration upon finding that it has considered the Negat~ve
Leclaration together with any comments received during the public review
process and iurther findir.g on the basis of th? initial study and any comm2nts
received tnat there is no ~ubstantial evidence that the project will have a
significant effect on the environrtient.
NOW, THEREFORE, BE iT RESOLVED that the Anaheim City Planning
Commission does hereby deny s~bject Petitiun for Conditional Use Per~it, on
the basis of the aforementioned iindings.
0578r -2- PC85-175
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THE FOREGOItJG RESOLUTION is signed and approVed by me this 22nd day
of July, 1985.
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ChAIRMAN~ ANAHEIM C TY PLANNING COMMISSION
ATTEST;
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SECRETARY, ANAHEIP! CITY PLANNING COh1MISSION
STATE OF CALIFORNIA )
COUNTY OE ORANGE ) ss.
CITY UF ANAfiEIM )
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 City Planning Commission held on July 22,
1985, by the following vote of the members thereof:
AYES: C011MISSIONERS: BOUAS, FRY~ HERBST~ LA CLAIRE, LAWICKZ, N:C BURNEY,
MESSE
NCJES: COM61IuSI0NERS: NUNE
ABSENT: COMFIISSIONEItS: NONE
IN WITNESS tJF1ERE0F, I have hereunto set my hand this 22nd day oE
July, 1985.
~~-~~ ~'R~~
SnCFETARY, ANAHESM CITY PLANNING COMYISSLJN
~3 YC85-175
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