Resolution-PC 2003-61n
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RESOLUTION NO. PC2003-61
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04674 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:
LOT 5 IN BLOCK 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, OF TRACT NO. 304, AS SHOWN ON A MAP RECORDED IN BOOK 14,
PAGE 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDED OF SAID ORANGE COUNTY. EXCEPTING THE WESTERLY 2.75 FEET
THEREOF
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 21, 2003 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
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 Section 18.45.050.195 to permit a WIC (Women, Infant and Children) convenience
store within an existing two-unit office building with waiver of the following:
Sections 18.06.050.020.021.0212 - Minimum number of parkinq spaces.
18.06.050.020.022 (14 spaces required; 8 sqaces proposed and concurred with by
18.06.080 the City Traffic and Transportation Manager)
and 18.45.066.050
2. That a conditional use permit is required for a market or grocery store having an interior
building floor area of less than 15,000 square feet; and that the proposal consists of a 1,010 square foot
WIC convenience store.
3. That the waiver of minimum number of parking spaces is hereby denied because approval
would cause fewer off-street parking spaces to be provided for the proposed use than the number of such
spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of the use; and that testimony was presented at the public hearing
ertaining to existing parking impacts in the neighborhood from existing commercial businesses.
4. That approval of the parking waiver would increase the demand and competition for parking
spaces upon the public streets in the immediate vicinity of the proposed use.
5. That approval of the parking waiver would increase the demand and competition for parking
spaces upon adjacent private property in the immediate vicinity of the proposed use.
6. That approval of the parking waiver would increase traffic congestion within the
off-street parking areas or lots provided for the proposed use.
7. That approval of the parking waiver would impede vehicular ingress to or egress from
adjacent properties upon the public streets in the immediate vicinity of the proposed use.
CR/pc2003-061.doc -1- PC2003-61
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8. That the proposed use is hereby denied on the basis that approval would adversely affect
the adjoining land uses and the growth and development of the area in which it is proposed to be located;
and that testimony was presented at the public hearing relating to existing parking problems in the area and
to there being insufficient on-site parking.
9. That the size and shape of the site proposed for the use is not adequate to allow full
development of the proposal with the required number of parking spaces, in a manner not detrimental to the
particular area nor to the peace, health, safety and generaf welfare of the Citizens of the City of Anaheim.
10. 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.
11. 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.
12. That one person submitted photographs and spoke 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 permit a WIC (Women, Infant and Children) convenience store
within an existing two-unit office building with waiver of minimum number of parking spaces on a
rectangularly-shaped 0.16 acre property having a frontage of 50 feet on the east side of Anaheim Boulevard
and a maximum depth of 143 feet, being located 90 feet south of the centerline of Mills Drive, and further
described as 816 North Anaheim Boulevard; and does hereby approve the Negative Declaration upon
finding that the 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 review process and further
finding on the basis. of #he-in.itial st~ciy a~d any ~om~raen~s 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 Conditlonal Use Permit on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April
21, 2003.
CHA ERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 April 21, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, KOOS, ROMERO
NOES: COMMISSIONERS: BRISTOL, VANDERBILT
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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