Loading...
Resolution-PC 99-169RESOLUTION NO. PC99-169 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION (A) DENYING A REQUEST TO AMEND RESOLUTION NO. 96R-148 (TO PERMIT OUTDOOR PUBLIC TELEPHONES), AS AMENDED AND AS ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3841, AND (B) AMENDING CERTAIN CONDITIONS OF APPROVAL ADOPTED THEREWITH WHEREAS, on August 20, 1996 the Anaheim City Council did adopt Resol~tion No. 96R- 148 to grant Conditional Use Permit No. 3841, in part, and permit a gasoline service station and convenience market (with no sale of beer or wine for off-premises consumption) with waivers of minimum number of parking spaces and minimum landscaping adjacent to interior boundary lines on property located at 2180 West Ball Road; and WHEREAS, said Resolution No. 96R-148 contains the fotlowing conditions of approval: 13. That the sale of beer and wine at the convenience market for off-premises consumption is prohibited. 14. That there shall be no coin-operated telephones on the premises that are located outside the building unless such telephon ~s are affixed to the building wall and located within fifteen (15) feet of the main entrance to the building. WHEREAS, on January 12, 1999 the City Council adopted Resolution No. 99R-11 to amend Resolution No. 96R-148 to permit the retail sale of beer and wine at the convenience market for off-premises consumption, to delete Condition No. 13 which prohibited the sale of beer and wine, and to add new Condition Nos. 17 through 30 related to the retail sale of beer and wine; and WHEREAS, subject property (s currently developed with a servfce station and convenience market with retail sale of beer and wine for off-premfses consumption (Mobile Oil service station) in the CL (Commercial, Limited) zone; that the Anaheim General Plan Land Use Element designates this property for General Commercial land uses; and that this property is also located within the West Anaheim Commercial Corridor Redevetopment Area and the BCC (Brookhurst Commercial Corridor) Overlay Zone; and WHEREAS, pursuant to Section 18.03.092.060 of the Anaheim Municipal Code, the applicant has requested amendment or detetion of Condition No. 14 to allow a single public pay telephone at a location outside the buiiding but not located within 15 feet of the main entrance to the building; and WHEREAS, the City Piannfng Commission did hold a public hearing at thb Civic Center in the City of Anaheim on September 13,1999 at'l:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions oF the Anahefm Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditionat use permft and to investigate and make findings and recommendations in connecGon therewith; and that the hearing was continued from the Commissfon meeting of August 30, 1999; and WHEREAS, said Comm(sslon, after due (nspection, 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 facts: CR3749PK.DOC -1- PC99-169 1. That the requested modification to this conditional use permit is not reasonabty necessary to protect the public peace, health, safety or general welfare, nor necessary to permit reasonable operation under the conditional use permit as originally granted. 2. That the request to amend or delete Condition No. 14 in order to permit outdoor public telephones al locations other than affixed to the buiiding wall and Iocated within 15 feet of the main entrance to the building is hereby denied. 3. That the Anaheim Police ~epartment recommended deniat of this request because of the increased potential for loitering and vandalism in areas near outdoor pa~~ telephones. 4. That approval of this request would increase the previously-approved parking waiver because an additional parking space wouid be required, thereby necessitating re-advertisement of the waiver. 5. That approval of this request would adversely affect the adjoining land uses and the growth and development c:f the area in which it is proposed to be located. 6. ThaC granting this request would be detrimental to the peace, health, safety and generai welfare of the Citizens of the City of Anah~im. 7. That the proposed deletion of Condition No. 14 (s not reasonabty necessary to permit operation of the service station and convenience martcet 8. That amending Condition No. 14 to prohibit any coin operated telephones located outside the building is reasonably necessary to protect the pubiic peace, health, safety or general welfare. 9. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received In opposition. CALIFORNIA ENVIRON~JIENTAL QUALITY ACT F~NDING: That the Anaheim City Planning Commission has reviewed the request to delete a condition of approval pertaining to permitted locations for outdoor coin-operated telephones on a rectangularly-shaped 0.52-acre property located at the southeast comer of Ball Road and Brookhurst Street, having frontages of 150 feet on the south side of Bali Road and 150 feet or the east side of Brookhurst Street, and further described as 2180 West Bali Road (Mobil Oil Service Station); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3841 is adequate to senre as the requ!red envircnmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously-approved Negative Declaration together with any comments received d~ring the public ~eview process and further finding on the basis of the fnitial study and any comments received tha! there is no substantial evidence that the project will have a significant effect on the envfronment NOW, THEREFORE, BE IT RESOU!_~ that the Anaheim City Planning Comm(ssion does hereby deny th2 request to delete Condition No. 14 of Resolution No. 96R-148, adopted in connection with Conditional Use Permit No. 3841. AND BE IT FURTHER RESOLVED that the Plann(ng Commission does hereby amend Condition No. 14 of said Resolution No. 96R-148 to read as follows: 14. That there shail be ~ coin-operated telephones on the premises where tocated outside the building. CR3749PK.OOC -2- PC99-169 ~1 "" \ THE FOREGOING RESOLU710N was adopted at the Planning Commission meeting of September 13, 1999. - .`„"~~,~'r'~1J ~~~v'z"'76'~4 rU-~J CfiA1RP RSON, ANAHEIM CITY LANNING COMMlSSION A'fTEST: .~CiIZL,~LI~ZU S9~OR.C6-~ SECRETARY, AHEIM CITY PLANNINr, COMMISSION STATE OF CALIFORNIA ) COUNTY QF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resoiution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 13, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE AB~.;ENT: COMMISSIONERS: BRISTOL, ONE VACANT SEAT „ IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~ 'C~ , 1999. .J" ~l GG~~~C.(:1lA~ ~J~O J~.(.tT SECRETAR ANAHEIM CITY PLANNING COMMISSION CR3749~~K.DOC -3- PC99-169 ~ . _ J ,,. . . ~ . .