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PC 85-61RESOLUTION N0. PC85-61 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAi USE PERMIT C:~. 265b .HE DENIED WHEREAS, the Anaheim City Planning Commi~sion did receive a veriEied Petition for Conditional U~e Permit from ATLANTIC RICHFIELD COMPANY, 300 47est Glen Oaks Aoulevacd, Glendale, California 91202, AT'rN: MR. ERZC C.AHN, owner, and H0t4E FE~ERAL SAVINGS, 625 Broadway Street, Suite 525, San Diego, Ca~ifornia 92101, A'LTN: MICHAEL SLAVEN, agent fo[ certain real prope[ty situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: THAT PORTION OF PARCEL 2, AS SHOWt~ ON A MAP ~ILED IN BOOK 30, PAGE 98 OF PARCEL MAPS~ IN TH^c OFFICE OF THE COUNTY RLCORDER OF ORANGE COUNTY~ CALZFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY RIGHm OF WAY LINE OF ZMPERIAL HIGHWAY, SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COUP.SE IN SAID EASTF.RLY R7GfIT OF WAY LINE SHOWN ON SAID MAP AS "NOkTH 1° 23' 00" EAST 664.08 FEP.T'; THENCE NORTH 88° 37' 00' WEST ALONC SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OF 20.00 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 1° 23' 00" WEST ALGNG SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OF 135.76 FEET; THENCE LEAVIDIG SAID RIGHT OF WAY LINE OF IMPERIAL HZGHWAY SOUTH 88° 37' 00" EAST AT RIGHT ANGLES TO SAID RIGHT OF WAY LTNE A D'!S'PANCE OF 160.00 FEET; THENCE NORTH 1° 23' 00" EAST PARALLEL WITH SAID RIGHT OF WAY LINE OF IMPERZAL HIGHWAY A DISTANCE OF 136.37 FEET TO A P07NT IN TF:E SOUTHERLY RIGHT OF WAY LINE OF LA Pi LMA AVENUE 90.00 FEET WIDE~ AS SHOWN ON SAIP MAP~ SAZD SOUTHERLY RZGHT OF WAY LINE AT SAID POINT BEING THE ARC OF A CURVE CONCAVE SOUTHERLY i1AVING A RADIUS OF 1,355.00 FEF,T~ A RADZAL LINE THROUGH SAID PCIINT AEARS NORTH 9° 55' OS' RAST; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF LA PALMA AVENUE~ THROUGH A CENTRAL ANGLE OF 5' 57' 02" AN ARC DISTANCG OF 140.73 FEEi TO A POINT IN SAID EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY; THENCE SOUTH 1° 23' 00' WEST ALOtIG SAID EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OP 14.24 FEET TO THE POINT OF BEGI!dNING. TOGETHER WITH THE SOUTHERLY HALF OF LA PALMA AVENUE ADJOINING SAID LAND ON THE NORTH~ AS SAID AVENUE IS DESCRZBED ZN THE DEED TO THE CITY OF ANAHEIM~ RECORDED MAY 19~ 1970 IN BOOK 9293 PAGE 261 OFFICIAL RECORDS. PqRCEL B: THAT PORTIOt~ OF THE RANCHO CANYON DE SANTA ANA~ DESCRIB~D AS FOLLOWS: ~^~ r,;, , ~D458r PC85-61 ~.,, BEGINNING AT THE INTERSECTION OF THAT CERTAIId CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 1355 FEET AND AN ARC LENGTH OF 445.24 FEET~ IN THE SOUTHERLY LINE OF THE STRIP OF LAND~ 90 FEET WIDE~ AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM FOR LA PALMA AVENUE, RECORDED MAY 19~ 1970 IN IIOOK 5293 PAGE 261, OFFICIAL RECORDS~ WITH THE EASTERLY LINE OF THE LAND ACQUIRED BY THE STATE OF CALIFORNIA IN THE DEED RECORDED OCTOBER 14~ 1952 IN BOOK 2395~ PAGE 522, GFPZCIAL RECORDS~ AND RUNNING T[IENCE WESTERLY A~ONG THE WESTERLY CONTINUATION OF SAID CURVE FR0~~1 THE TANGENT WHICH BEARS NORTH 85° 38' 21' WEST THROUGH AN ANGLE OF 0° 25' 39' RN ARC DISTANCE UF 10.11 FEET; THENCE TANGENT NORTli 86° 04' 0~' WEST 0.74 FEET TO A TANGENT CURVE CONCAVE SOUTEIERLY AtdD H4VING A RADIUS OF 22 FEE'l; THENCE WESTERLY ALONG SAZD LAST MENTIONED CURVE THROUGH AN ANGLE OF 24° 24' 18', AN P.RC DISTANCE OF 9.37 FEET TO THE NORTHERLY PROLONGATION OF THAT CERTAIN COURSE DESCRIBED AS HAVING A LENGTH OF 131 FEET ZN SAID DEED TO THE STATE OF CALZFORNIA; THENC'E AIANG SAID PROLONGATION SOUTFI 1° 50' 03" WEST 10.69 FEET Z'O THE NORTHERLY TERMZNUS OF SAID COURSE; THENCE ALONG THF, BOUNDARY LINES OF SAID LAND SO ACQUIRED BY THE STATE OF CALIFORNIA~ SOUTH 88° 09' S7" EAST 20 FEET AND NORTH 1° 50' 03' EAST 14.24 FEET TO THE POINT OF BEGINNIN,. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the ~ity of Anaheim on March 4, 1985 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions uf ~he Anaheim Municipal Code, Chapte~ 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 diie consideration of all evidence and reports uffered at said heariny, does find and determine the following facts: 1. That the proposed use is properly one foc which a conditional use per.mit is authurized by Anaheim Municipal Cude Section 18.03.030.010 to wit: to permit a freestanding automatic teller machine kiosk in conjunction with an existing convenience market with gasoline sales with waiver of the following: SECTIONS 18.06.050.022 - Minimum number of parkiny spaces. 18.06.050.0224 (16 spaces required; 11 spaces proposed) 18.06.080 AND 18.44.066.050 2. That the proposed use will adversely affect the adjoining land uses and the growth and development of the area in wh~.ch it is proposed to be located. -2- PC85-61 3. That Che size and shape of the site proposed for the use is not adequate to allow the Eull development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welface of the Citizens of the City of Anaheim. 4. That the gzanting of the Condit±onal Use Permit under the conditions imposed, if any, will be detrimental to the peace, health, safety and generel welfare of the Citizens oP the City of Anaheim. 5. That the traffic generated by the proposeci use will impose an undue burden upon the streets and highweys designed and improved to carry the traffic in the area. 6. That the proposed waiver is denied on the basis that the use is hecein denied. 7. ThaL• no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FZNDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a freestanding automatic teller machine kiosk in conjunction with an existing convenience market with gasoline sales and with waiver of minimum number of parking spaces on an irregularly-shaped parcel of land consisting of aporoximately 0.5 acre, located at the southeast corner of La Palma Avenue and Ir~perial Highway, and further described as 5700 East La Palma Avenue (ARCO AM/PM Mini Market); and doec he[eby approve the Hegstive Declaration upon finding that it 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 ~eceived that the:e 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 is signed and approved by me this 4th day of March, 1985. ~' ~; ~' ~,t_!';~ v (,~ ~~ ~ i ~!' n,. . .i . CHAIRWOMAN~ PRO TEMPORE ANAifEIM CITY PLANNING COMMISSION ATTEST: ~ ~~~ ~ ~~~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -3- PC85-61 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 meeting of the Anaheim City Planning Commission held on March A, 1985, by the following vote of the members theceof: AYES: COMMISSIONERS: DOUAS, BUSHORE~ LA CLRIRE, MC BURNEY NOES: COMMISSIONERS: FRY ABSENT: COMMISSIONERS: HERBST IN WITNESS WHF,REOF, I have hereunto set my hand this 4th day of Match, 1985. _ " ~~ ~ /W.LiI ~r ~ ' SECRETARY~ ANAHEIM CITY PLANNING COMN,ISSION "'4- PC85-61