PC 80-155RrSnL~1TI0r; ~~~, P~~n_~ r, ~
A RESOLUTI0~1 OF T11E A~IANE111 CITY PLl1P!~11Nr, ~~r~r.~~SSION
T!!~T PETITlO~d FnR CntIDITI0t1AL USE PFR~~IT rl~, ?~~~ gE GRnhITE~
4/HEP,EAS. the Anaheim City Plannino Commission riid receive a verified
Petition f~r Conditional !tse Perr~it frorr, ". C~t!VAY M~~RI$~ •'!1~1 ~larth Euclid Street
r`l2~2, Anaheim, Califnrnia, ~2"cDl, oo-mer, and HFRF'.EPT (;~In~STE'ISEW, 73n Southern
Avenue, Qrange, Cali`ornia 92665, aaent, of certain rcal pr~pertv situated in the
~~ty of Anahelm, County of Orange, State ~f Califnrnia, descrihed as:
LOTS 2 AND 3 OF T!'l1CT Pl~. 1~tE7 !1S PF? ti~.P RfC~R~FD I~f P~nK "
P~Gf:S 10 TO 13, lNCLUSII~E, NISCfLLAtiEnI1S HAPS, RFC(1n~c nF SA1~
ORA'!GE COJ~JTY.
WIiEREAS, the City Planninq Connission did holrl a pu!,lic hearin~ at the Civic
Cen*er in the City of Anaheim on Septemher °, 1~8'~, at 1:3n ~.,~,~ notice of said
P~h1ic hearing havino heen dulv given as r~nuired hy lii•r and in accordan~A t.~ith the
Pro~islons of the Anahetm t~tunicipal Code, Chapter 1R.o3~ to hear and consider
evidence for and against said proposecl conditional use nermit anrl to investiq~te and
make findinas and reccxnmendations in connection [here~,rith; and
~'~HEREAS, said f~m~~ssion, after due ins~ection, investigation an~1 study made
`~y its~lf and in its hehalf, ind after due consideration of ~~~ evidence anct reports
oi°fered at said hearing, does f~nd and determine the foll~!.~in~ facts:
1. That the or~posed use is properly one for s•ihich ~ conditional use
permit is authoriz~d hy qnaheim Mi~rjrg~~l r~,~„ cec.fon ,^,. ; ~ ~ ~, ~
permit a c~~venience marl~et ~~ith ;. '3'.' i~ to wit: to
Multiple-Family) Zone. 9asoline sales in the RM-17..^•'1 (2esidential,
~. That the proposed use is herehy granterf, c~~,l~ct to the petitianer's
stipulation at the nuhlic hearing that the hours of oneratinn shall be from <.;p~ a,m,
to 11:00 ~,m, daily.
3, That the proposed use, as grante~l, i~iill not advPrsrly affect the
adjoining land uses and the gro~•fth and devriopment ~f the area in whi~h it is
orooosed to be located,
~. That the size and shape of the sitA pro~osed f~r the use, as 9ranted,
is adequate to alla~~ the full development of the nronose<I use in a manner not
detrimental to the particular area n~r t~ the oe~cr_, hr_a)th, s~fAty, a~d qeneral
welfare oF the Citizens of the City of llnahetm.
S. That the 9rantinn of the f.oncliti~nil 11se Pernit ~~n~ier the con~litions
imposed, if i~y~ ~.~j)~ n~t he detrin~nt~l to the neacr, health, safnty a~d general
~velfare of the Citizens of the City of Anaheim.
6. That the traffic gen?~ated Fy ttie pronosPd us~, ~s Rranted~ i•~~~) not
impose an undur. burden upon the strcets and hiqha~avs deslqned and improved to carry
the traffic in the area,
PC~~-t55
7. ihat no onr_ indica[ed [hcir nresence at said oublic hearing in
o~position; and that no correspnndence ~ras receiv^d in opposition to the subjeet
petition.
EtIViRONME~dTAL Ir~pqCT FI~J~IM!;: That the Anaheim C.ity Planninn Co^~misslon has
revie~•red the nroposal to permit a convenience market !•~ith qasoltnP facilities on a
rectangularly-shaoed parc~l of land consisting of anprnximately n.; acre, located at
Lhe southo~est corner of Cerritos Avenue and 4!alnut Street, ha~iing a approximate
f~~ntages of 145 feet on the south side of Cerritos Avenue and 1~)~ feet on the YlPSt
side of Walnut Street; and does !~ereby approve the Negative Declaration from the
requirement to prepare an environmental impact re~+ort on t!ie hasis that there would
be no siqnificant individuai or cumulative adverse environmental impact due to the
aPProval of this Meqative Declaration since the Anahein f,er,eral Plan designates the
subject property for medium-density land uses commensurate v~ith the prooosal; that no
Sp~sltive environmental impacts are involvecf in the proposai; that the Initial Study
submitted by the petitioner indicates no siynificant incfivi~fual or cumulative
adverse environmentai impacts; arci that t`~~ P~enative Declaration substantiating the
foregoing findin~s is on filP in the City of Anaheim Pl~nning Department.
NO~~~, TIIEREF!1RE, Bf_ IT
does her?t~y grant subject Petition
conditions wiiich are hereby found
of the subject ~reperty in order U
Citizens of the City of Anaheim:
RESOLVFD that the Anaheim Ciiy Planninc+ Commission
for Conditional 1!se Permit, upon the following
to be a nccessary prr_requisite to the nroposed use
~ nreserve the safetv and general a~elfare of the
1. That the a•m er(s) of su~~ject prooer*_y shall cendittonally dedicate to
the City of Anaheir~ a strip of land !~; feet in wi~ith from the centeriine of the
street along Cerritos AvPnue and lJalnut Street f~r street widenin~ purposes,
conditioned upon demand 6y the Citv Ennineer,
2, That r.rach storan~ area~ sh~+1 '~c prr^vi'cc! ir, ;ecor~ance ~wi ti~ approve~i
plans o~ file ~•lith the Office nf the F_xecutive Director of Puhlic 4lorks.
3. That the existina drivearay on 4lalnut Street shall he closed and curb s,
side~valks and gutters shall he reconstructed as required hy the Citv fnnineer and in
accordance vrith standard p)ans and specifications on file in the Office of the Ctty
Enr.ineer.
4. That an attendant in a hooth shall t~e specifical'y rr_soonsible for
dispensing gasoline as required hy the Fire Harshall.
5. That the oamer(s) of suhject prnperty s~iall suhrait a lFtter requesting
the termtnation of Variance ~los. ~i91 and 1^6n to the Plannin~ Dep~rtment.
6. That suhject propartv shall he devel~t~ed suhstantially in accordance
with plans and specifications ~n file wlth the City of Anaheim marke~l Exhihit Nos. 1
and 2,
7, That Condition Nos, 1 and ;, ahov~-mnntioned, ~hall he cnmplied ~~~tth
Pri~r to the commencement of the activity authort-e~' under rhis res~lution, ~r ~rior
to the timA that the huildin~ permit is issued, ~r ~•~1t~;n a pcriod of one year fro~n
dat~ hereof, ~~hichever occurs first, or such ftirther time ~.~s ~',^ Planninq C.ommission
m~Y 9~ant. ~
-2- PC$n-1S;
8, 7hat Condition 'los. 2, 3 and .f,, ahove-mentionerl, shall he complied with
prior to final buildina and zoning inspections,
9. T`~at tlie daily I~iours of o~eration shall he het~~~en ~~!!n ~~clocl: a,m,
ancl 1i:00 o'cloc~ p.m. .
h' 'T FiII;TfIER RFSOL'IE~~ that the Anaheim Citv Plannin~ Commi;sinn does hereby
f~~~ and determinr that ado~tion nf this Resolution is exnresslv nredicated uoon
a~Plicant's ca~npitance t•~ifh each and all of the conditions hereinabove set forth.
S~~ould any such condition, or any nart ther~of, he ~leclared invalid or e~nenforceable
bY the final judgment of any court of competent jurisdiction, then this Resolution,
a~~ any approvals herPin contained, shall he deemed null and void,
Tf~E Fn~Er~INr, RFSO(.UTI~F! is signed and annrovPd by ne this ~'th day of
SePtember, 1°30,
ATTEST;
~`~- ~ X~Lli~~ .
~ CRETARY, A!lAHEIM ~ITy pLAt1F1~;~G Cp!~~11SS1~~1
STAT[ OF CALIFOR'lIA )
COUNTY OF ORA~JGE ) ss.
C ITY OF AtJAHE IM )
I, Edith L, Harris, Secretary of the Anaheim City P)anning Connissi~n, ~i~
herc~y certifv that the fnr~on~n~ r~sclution ~•ras oassed and ado~ted at a meeting of
the A~aheim City Plannina Commission held on Septemher S, 1QR~, hv the followinq vote
of the members thereof:
AY~S; COMNISSIO~dERS: BARtIES~ P,OUAS, B!)SHORF, KING, Tl1LAR
NCES; Cf1~1MISSIONEP,S: tIFRPST
.4ESE~~r; COt1'dI5510NFRS: FRY
I!; llITNESS llHEREOF~ I have hereunto set my hand this nth day of September,
1980,
(~ l~f ~-~! ~° ~~i~ , -
s cR~~Y, a~~~NE ir~ c i PLA~(~! r~s r.or+r~-~s iori
~N I°~'!'~t~ 4 HF N CI~ 1~~~ 0'4! SSIOtJ
-3- PC~!1-155