Resolution-PC 99-44RESOLUTION NO. h''C99-44
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4104 BE DENIED
Wf-IEREAS, the Anaheim Ciry Planning Commission did receive a verified Petition fcr
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1 A SHOWN ON A MAP FILED IN BOOK 43, PAGE 8 OF PARCEL
MAPS IN TI-IE 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 March 15, 1999 at 1:30 p.m., notice of said public hearing having been du(y given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidance for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection there~vith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and aHer due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.87.023.020 and 18.110.050.0523 to convert an existing automotive
repair/cashier building at an existing service station into a convenience market with retail sale of beer and
wine for off-premises consumption and to retain the gasoline sales and with waivers of the following:
(a) Sections 18.02.058.014 - Continuation of nonconformina billboards.
and 1 L.05.050 (While a nonconforming use exists on any lot, additional uses are
prohibited;
two existing nonconforming biliboards are proposed to be
retained in connection with a service station modification that
includes a proposed convenience market)
(b) Sections 18.41.063.010 - Minimum landscaoed setback adjacent to an arterial hiahwav.
and 18.110.100.090 (10 feet required along La Palma Avenue and Kraemer
Boulevard; 3 to 5 feet proposed)
2. That this proposal was originally advertised to aiso establish conformity with current
Zoning land use requirements for the existing service station under Code Section 18.110.100.050.0523,
but it was subsequently determined that the service station was established and operating under
Conditional Use Permit No. 3568, granted in 1993.
3. That the underlying property is located in Development Area 5(Comi:~ercial Area) of the
Northeast Area Specific Plan (SP 94-1).
4. That waivers (a) and (b), continuation of non-conforming billboards and minimum
landscaped se!back adjacent to an arterial highway, are hereby denied on the basis that there are no
special circumstances or id~ntified hardships affecting this property which wouid warrant granting the
requested waivers; and, furthermore, granting these waivers would result in a special privilege being
granted which would allow this property to enjoy development rights that are not shared by other similar
corner commercial lots in the Northeast Area Specific Plan and elsewhere in the City.
CR3583PK.DOC -1- PC99-44
5. That the submitted plans do not demonstrate an attempt to provide a quality service
station building with enhanced architect~re in compliance with the goals and objectives of the ,Project
Alpha Northeast Redevelopment Area.
6. That the Community Development Department recommended deniai of the retail sales of
alcoholic beverages for off-premises consumption based on incompatibility with the goals of the Project
Alpha Northeast Redeveiopment Area.
7. That the project, as proposed, would adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
8. That the proposed use would adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
9. That the size and shape of the site proposed ior the use is not adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
10. That granting this conditional use permit would be detrimental to the peace, health, safety
and general welfare of the Citizens of the City of Anaheim.
11. That :he traffic generated by ttie proposed use would impose an undue burden upon the
streets and highways designed and improved to carry the tra~c in the area.
12. That no one indicated their presence at the public hearing in opposition to the proposal,
but that two letters were received in opposition.
CALIFORNIA ENVIRONMEIVTAL QUALIIY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposa: to convert an existing automotive repaidcashier building
at an existirg service station into a convenience market with retail sa(es of beer and wine for off-premises
consumption and to retain the gasoline sales and with waivers of continuation of nonconforming biliboards
and minimum Iandscaped setbacks adjacent to arterial highways on a 0.51-acre rectangularly-shaped
parcel located at the northeast corner of La Palma Avenue and Kraemer Boulevard with frontages of 125
feet on the north side of La Palma Avenue and 125 feet on the east side of Kraemer Boulevard, and
further described as 3101 East La Palma Avenue (Arco Service Station); and does hereby approve the
Negative Declaratinn upon finding that lhe declaration reflects the independent judgment of the lead
agency and that it has considered the Negative Declaration together with any comments received during
the public revi~w process and further finding on the basis of the initia! study and any comments received
that there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the An' heim Ciry Planning Commission
does hereby deny subject Petition for Conditional Use Permit on the~asis of the aforementioned findings.
THE FOREGOING RESOLUTION
March 15 1999.
at th~ Planning Commission meeting of
ATTEST: `\~
(~a~ ~~
SECRETA , ANAHEIM CITY PLANNING COMMISSION
NG
CR3583PK.DOC -2- PC99-44
STATE OF CALIFORNIA )
COUNTY OF OFtANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 15, 1999, by ihe fcllowing vote of the members thereof:
AYES: COMMISSiONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
~~,,,A IN WITNESS WHEREOF, I have hereunto set my hand this I-~ day of
l~ , 1999.
T ` ~~~~ ~~
,
SECRETARY, NAHEIM CITY PLANNING COMMISSION
CR3583PK.DOC -3- PC99-44