Resolution-PC 2002-31• .
RESOLUTION NO. PC2002-31
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04499 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, IN TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, CITY OF
ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE
10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 6, AND
RUNNING THENCE NORTH 0° 39' 00" WEST ALONG THE WEST LINE OF
SAID SECTION, 188 FEET; THENCE NORTH 89° 21' 20" EAST PARALLEL
WITH THE SOUTH LINE OF SAID SECTION, 128 FEET; THENCE
SOUTHEASTERLY IN A DIRECT LINE TO A POINT IN A LINE WHICH IS
PARALLEL WITH, AND DISTANT 188 FEET EASTERLY FROM THE WEST
LtNE OF SAID SECTION, SAID POINT BEING DISTANT THEREON NORTH 0°
39' 00" WEST 128 FEE7' FROM THE S~UTH ~INE OF SAID SECTION;
THENCE SOUTH 0° 39' 00" WEST ALONG SAID PARALLEL LINE, 128 FEET
TO THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 89° 21' 20" WEST
ALONG SAID SOUTH LINE, 188 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 25, 2002 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 conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued from the meeting of February 11, 2002; 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 proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.61.050.055, 18.87.021 and 18.87.023.020 to establish land use
conformity with existing Zoning Code land use requirements for an existing automobile service station
and to permit conversion of the existing service station building into an accessory food mart with retail
sale of beer and wine for off-premises consumption.
2. That the proposed use is hereby denied because it would adversely affect the adjoining
land uses and the growth and development of the area in which it is proposed to be located.
3. That granting of this conditional use permit would be detrimental to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim because the proposal is an
intensification of uses on this service station site without implementation of any additional measures such
as closing a driveway on Magnolia Avenue and additional landscaping.
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4. That based on the combined population of the underlying census tract (No. 868.02) and
the adjoining census tract on the opposite (west) side of Magnolia Avenue (No. 868.01), the number of
existing off-sale licenses (7) in the area exceeds the number that is permitted (6) (i.e., 1 existing and 4
permitted in Census Tract No. 868.02, plus 6 existing and 2 permitted in Census Tract No. 868.01).
5. That the size and shape of the site proposed for the use is not adequate to allow full
development of the proposal in a manner not detrimentat to the particular area nor to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
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 three people spoke at the public hearing in opposition to the proposal, with one
person was representing the West Anaheim Neighborhood Development Counsel (WAND); and that no
correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to establish conformity with existing Zoning Code land
use requirements for an existing automobile service station and to permit conversion of the existing
service station building into an accessory food mart with sale of beer and wine for off premises
consumption on a rectangularly-shaped 0.52-acre property located at the northeast corner of La Palma
Avenue and Magnolia Avenue, having frontages of 125 feet on the north side of La Palma Avenue and
125 feet on the east side of Magnolia Avenue, and further described as 2585 West La Palma Avenue
(Union Oil "76" Service Station); and does hereby approve the Negative Declaration upon finding that the
declaration reflects #he independent judgment of #he lead agency and that it has considered the 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 subject Petition for Conditional Use Permit, on the basis of the aforementioned
findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 25, 2002.
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CHAIRPE N, ANAHEIM I PLANNING COMMISSION
ATTEST:
~~~~ ~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Eleanor Fernandes, 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 February 25, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, BOYDSTUN, VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ Z~ day of
~C f-~ , 2002.
~~~~-~"~-z.°-~-- T t~D
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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