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PC 85-69RESOLUTION NO. PC85-69 A RCSOLUTION OF THE ANAHEIM CIT't PLAtJNING COMMISSION THAT PETIiION FOR CONDITIONAL USE PERMiT N0. 2664 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified P°tition for Conditional Use Permit from BURTON ZOUL, P. 0. Box 1529, Fallbrook, CA 92028, owner, and RICHARD SELEIhE, P. O. Box 556, Silverado, CA 92676, agent foc certain real propec~y situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT 26 OF ANAHEIM EXTEPISION, AS SHOWN Otd A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED ZN THE OFFICE OF THE COUNTY RECORDER OF ~OS ANGELES COUNTY, CALIFORNIA~ A COPY OF WHiCH IS SHOWN IN d00K 3~ PAGE 163 ET SEQ. ENTITLED 'LOS ANGi.LES COUNTY MAPS' IN THE OFPICE OF THE COUNTY P.ECORDER OF ORANGE COUNTY~ CALIFORNIA~ DESCRIBED AS FOLLO'r7S: BEC,INNING AT THE CENTERLINE ZNTERSECTION OP BALL ROAD AND LOS ANGELES STREET; TF3ENCE NORTH 15° 32' 15' WEST 213.19 FCET A;.ONG THE SAID CENTERLINE OF LOS ANGELES STREET TO THE LINE PARAi!,EL WZTH AND SOUTHEftLY 290.00 FEET FROM THE NORTHERLY LINE OF THE LANll DESCRIBED IN DEED TO R. L. KEITH A[~D WIFE~ RECORDED NOVEMBER 18, 1946 IN BOOK 1456, PAGE 555 OF OFFICIAL RECORDS: THENCE SOUTH 7+° 20' 15' WEST PARALLEL WITH SAID NORTyF.RLY LINE TO A LZNE PARALLEL WITH AND 200.00 FEET WESTERLY FROM SAID CENTERLINE OF LOS ANGELES S7REET; THENCE SOUTH 15° 32' 15' EAST 157.52 FEET PARALLEL WITH SAID LOS ANGELES S'PP.EET CENTERLINE TO THE CENTERLINE OF SAID BALL ROAD; THENCE NORTH 89° `_5' 15' EAST 207.51 FEET ?'0 THE POINT OF BEGINNING. WHEREAS, th~ City Planning Commission did hold a public hearing at the Civic Center ir, tt~e City of Anaheim on March 4, 1985 at 1:30 p.m., notice of said public heariny having been dulx given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, r_o hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in conneckion thereHith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and ir. its behalf, and after due consideration of all evidence and reports offeced at said hearing, does find and detecmine the following facts: 1. That the pr.opo~ed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 16.0"s.030.~10 to wit: to permit a conven.ience market with gasoline sales and off-sale beer and wine. 2. That the proposed use will adversely affect the adjoining land uses and the yrowth and development of the area in which it is proposed to be located. $0464r PC85-69 3. That khe size and shape of the site pcoposed for tlie use is not adequate ~o allow the full development of the proposed use in a manr.ec not detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 4. That the granting of the Conditional Use Permit under the conditions imposed, if any, will be detrimental to the pc-ace, health, safety and general welfare of the Citizens of the City of Anaheim. 5, That the traffic g~nerated by the proposed use will impose qn undue burden upon the etree~s and highways designed and improved to carry the traffic in the area. 6. That no o~e 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 CiEy Planninq Commission has reviewed the proposal to permit a convcnience market with gasoline sales and off-sale beer and wine on an irregula:•ly-shaped parcel of land consisting of approximate:y 0.43 acre located at the northwest corner of Ball Road and Anaheim Boulevard, and further described as 101 Wast Ba]i Road (7-11 Food Stor.e); and does hereby approve the Negative Declarat?on upon finding that it t~as considered the Negative Declaration together with any comments reccived duri.ng the puulic review process a~d further finding on the bas!s of the init.ial study and any comments received that there is no substantial ev?dence that the project will have a significant effect on the envirunment. NOW, THER;3FORE, BE I': RESOLVED thal the Anaheim Citl Planning Commission does hoc•eb}~ deny subjec:t P~tition for Coriditional Use Permit, on the Dasis of the af~~rementioned finjings. THE FOREGOTNG R~SOLUTION ia signed and approved by me this 4th day of M.~rchr 19R5. ~i,^ i %~; .-h . !•'.~~i~ CHAIRWOMAN~ PRO TEMPORE ~_ ANAHEIM ClTY PLANNING COMMISSZON ATTEST: ~~p t'`"~ ~ ' Ct~t.~ SECRETARY~ ANAHEIPi CITY PLAN[~ING COMMISSION -Z- PC85-69 '`"~ ~r. STATE OF CALIFORNZA ) COUNTY OF ORANGB ) ss. CITY OP ANAHEIM ) I, Edith L. Hacris, Secretary of the Anaheim City Planning Commission, do he[eby ce~tify that the foregoing resolution was passed and ado~ted at a meeting of the Anaheim City Planning Commission held on March 4, 19a5, by the following vote of the members the~eof: AYES: COMMISSIUNERS: BOUAS, BUSHOkE~ FRY, KING, LA CLAIRF.~ MC BURNEY NOES: COMMISSIONERS: NONE ABS:NT: COMMISSIONERS: HERBST IN WITNESS WHEREOF, I have hereunto set my hand thi~ 4':h Aay of March, 1985. ~ _ ~A ~-~ ,~ SECRETARY~ ANAHEIM CZTY PLANNZNG COMMISSION !' ! #0464r R~"~ ~r .„ ~ ~ (. i-~.-0t ~1.. ~ ' •. . ... rc85-69 .'.S -... . ...~~