99-078RESOLUTION NO. 99R-78
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 4103.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit an existing service station and to convert an existing
accessory auto repair/cashier building into a convenience market
with retail sale of beer and wine for off-premises consumption,
upon certain real property located within the City of Anaheim,
County of Orange, State of California, legally described as:
THE EASTERLY 130.00 FEET OF THAT PORTION OF
VINEYARD LOT H-l, AS PER MAP RECORDED IN BOOK
4, PAGES 629 AND 630 OF DEEDS, IN THE OFFICE
OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT
H-l, SAID SOUTHEAST CORNER BEING THE
INTERSECTION OF THE WESTERLY LINE OF EAST
STREET, 66.00 FEET WIDE, AND THE NORTHERLY
LINE OF SOUTH STREET, 24.75 FEET WIDE, AS
SHOWN ON SAID MAP; THENCE NORTH 15 DEG. 30'
00" WEST 162.99 FEET ALONG THE WESTERLY LINE
OF SAID EAST STREET TO THE SOUTHEAST CORNER
OF LAND DESCRIBED IN A DEED TO E.D. JOHNSON
AND COMPANY, RECORDED AUGUST 21, 1957 IN BOOK
4012, PAGE 322 OF OFFICIAL RECORDS; THENCE
SOUTH 74 DEG. 22' 35" WEST 331.16 FEET ALONG
THE SOUTHERLY LINE OF SAID LAND OF E.D.
JOHNSON AND COMPANY TO THE EASTERLY LINE OF
LAND DESCRIBED IN A DEED TO THE CITY OF
ANAHEIM, RECORDED MAY 17, 1954 IN BOOK 2729,
PAGE 208 OF OFFICIAL RECORDS; THENCE SOUTH 15
DEG. 30' 31" EAST 163.15 FEET ALONG SAID
EASTERLY LINE TO THE SOUTHERLY LINE OF SAID
LOT H-i, THENCE NORTH 74 DEG. 21' 04" EAST
331.14 FEET TO THE POINT OF BEGINNING; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC-99-38 Conditional
Use Permit No. 4103; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, and did consider the
same; and
WHEREAS, the City Council finds, after careful
consideration of the action of the City Planning Commission and
all evidence and reports offered at said public hearing before
the City Council, that all of the conditions and criteria set
forth in Section 18.03.030.030 of the Anaheim Municipal Code are
not present for the following reasons:
1. That the proposed use will adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located because:
(a) The proposal would add new uses to an existing
nonconforming gasoline service station which
additional uses are not permitted so long as the
nonconforming use remains on the property;
(b) Denial of the proposed application would permit
the existing gasoline service station to continue
in operation as a legal nonconforming use but
prohibit the proposed convenience market and
retail sale of beer and wine uses;
(c) The proposed new convenience market and beer and
wine sales would be detrimental to the nearby
residential uses due to the additional noise,
vehicular traffic and debris which such uses would
cause; and
(d) The proposed convenience market and retail sale of
beer and wine for off-premises consumption is not
compatible with the residential uses in the area
and would intensify a commercial land use in an
area which is primarily residential and
industrial; and
2. That the traffic generated by the proposed use will
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area for the reasons set
forth in Paragraphs l(c) and l(d) above.
3. That the denying of the conditional use permit would be
detrimental to the peace, health, safety and general welfare of
the citizens of the City of Anaheim froth the reasons set forth
in Paragraph 1, subparagraphs (a), (b), (c) and (d) above.
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
(a)
Sections 18.61.063.011 - Minimum landscaped setback
adjacent to an arterial highway.
18.87.030.040 (10-foot fully landscaped setback
required along East Street;
and 18.87.030.071 none to 10 feet proposed)
(b)
Section 18.87.023.020.a- Minimum retail sales floor area.
(1,200 s~.ft. required for a
convenience market with off-sale
beer and wine; 1,125 square feet
proposed)
WHEREAS, the City Council does find, after careful
consideration of the action of the Planning Commission and all
evidence and reports offered at said public hearing before the
City Council regarding said requested waivers, that all of the
conditions of Section 18.03.040.030 of the Anaheim Municipal Code
are not present, and that said waivers should be denied, for the
following reasons:
1. That there are no special circumstances applicable to
the property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity because there is
no irregular configuration of this property, and no special
circumstances applicable to the property such as size, shape,
topography, location or surroundings to justify this proposed
waiver.
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property
under identical zoning classification in the vicinity because
this site is adequate in size, shape, topography to construct a
75 square foot (or larger) addition which would bring the total
square foot (or larger) addition which would bring the total
square footage into conformance with current Code requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning
Commission denying said conditional use permit be, and the same
is hereby, affirmed for the reasons hereinabove specified, and
that the request to permit an existing service station and to
convert an existing accessory auto repair/cashier building into a
convenience market with retail sale of beer and wine for off-
premises consumption on the hereinabove described real property
with waivers of the aforesaid provisions of the Anaheim Municipal
Code be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of
Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is
governed by the provisions of Section 1094.6 of the Code of Civil
Procedure and Anaheim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 27th day of April, 1999.
MAYOR OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
30755.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-78 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 6th day of April 1999, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: Kring
ABSENT:/A~ST~.I~I= MAYOR/COUNCIL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-78 on the 6th day of April, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 6th day of April, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-78 was duly passed and adopted by the City Council of the City
of Anaheim on April 6th 1999.
CITY CLERK OF THE CITY OF ANAHEIM