Resolution-PC 2000-123i •
RESOLUTION NO. PC2000-123
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING A PROPOSAL TO AMEND RESOLUTION NO. PC2000-80
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 4217
(CUP Tracking No. 2000-04274)
WHEREAS, on June 5, 2000~ the Anaheim City Planning Commission adopted Resolution
No. 2000-80 to grant, in part, Conditional Use Permit No. 4217 to permit construction of a gasoline
service station with accessory convenience market and with waivers of permitted encroachments into
required yards, minimum dimensions of parking spaces (deleted), minimum required landscaped setback
adjacent to arterial highways, minimum structural setback adjacent to interior property lines and minimum
landscape requirements adjacent to interior property lines; and that subsequent to the public notice, the
proposed sale of beer and wine for off-premises consumption and a fast food restaurant were deleted
from the request; and
WHEREAS, this property is currently developed with a service station (which will be
demolished and replaced with a new service station and accessory convenience market) at 3085 East La
Palma Avenue; that the property is located in Development Area 5(Commercial Area) of the Northeast
Area Specific Plan No. SP 94-1; that the property is located in the Northeast portion of the Project Alpha
Redevelopment Plan; and that the Anaheim General Plan designates the property for General
Commercial land uses; and
WHEREAS, the petitioner has requested approval of the sale of beer and wine for off-
premises consumption in conjunction with the previously-approved gasoline service station with
accessory convenience market; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 6, 2000, at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed amendment 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 due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the petitioner requests ~amendment to Conditional Use Permit No. 4217 under
authority of Sections 18.87.023.020 and 18.110.100.050.0523 of the Anaheim Municipal Code to permit
the retail sale of beer and wine for off-premises consumption in conjunction with a previously-approved
gasoline service station with accessory convenience market.
2. That the proposed amendment is hereby denied on the basis that, as shown by
information provided by the Anaheim Police Department and discussed in the Staff Report to the Planning
Commission dated November 6, 2000, there is an existing over-concentration of off-premises Alcoholic
Beverage Control (ABC) licenses in this area; and that increasing that over-concentration would be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
3. That there are two approved ABC licenses (one existing and one pending) in similar
gasoline service stations with accessory convenience markets at the same intersection (La Palma
Avenue and Kraemer Boulevard) as subject property, which facilities will adequately senre this area.
CR4940PK.doc -1- PC2000-123
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4. That approval of the proposed amendment would adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located.
5. That the size and shape of the site for the proposed use is not adequate to allow full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
6. That the traffic generated by the proposed use would impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to amend this conditional use permit to permit the retail
sale of beer and wine for off-premises consumption in conjunction with a previously-approved gasoline
service station with accessory convenience market and waivers of permitted encroachments into required
yards, minimum required landscaped setback adjacent to arterial highways, minimum structural setback
adjacent to interior property lines and minimum landscape requirements adjacent to interior property lines
on property located at the northwest corner of La Palma Avenue and Kraemer Boulevard; and does
hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit
No. 2000-04217 is adequate to serve as the required environmental 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 during the public review process and further finding on the basis of the initial 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 Anaheim City Planning Commission does
hereby deny the proposed amendment to Conditional Use Permit No. 2000-04217.
THE FOREGOING RESOLUTION was adopted at th
November 6, 2000. /
HAIRPERS
ATTEST:
~~O~w1f~C~
SECRETARY, A HEIM CITY PLANNING COMMISSION
an~ng C~missiq~ meeting of
CITY PLP(NNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 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 November 6, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2000.
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SEC ETAR ANAHEIM CITY PLANNING COMMISSION
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