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PC 80-190RESOLUTIO~J ~10. PC£3Q-190 A RESOLUTIOP! OF TNE !1'lAHElt1 CITY PLA~J'JING CO!1HISSIOtI THl1T PETITION FDR COtlDITIO~!(~L USE PFP,!11T tJ~, 21?7 BE GRAt1TED 41HEREAS, the Anaheim !:ity Planning Commission clicl receive a verified Petition for Conditional Use Peri~it from AT~A~JTIC RICHFIELD C.OMPAP~Y, 17~30 41est Llncoln Aven!~e, Suite G, Anaheim, California 91_~;iJ1, o~mer, and D, D. LIPPERT, 17~36 West Lincoln Avenue, Suite G, Anaheim, California 92801, agent, of certain real property situated in the City of /lnaheim, County of Orange, State of California, described as: THAT POP,TfO~J OF LOT 30 OF AtIAfIEIM EXTEPISIOti, Iti THE CITY OF ANANEIM, COUNTY OF ORA~JGE, STATE OF CALIFORtJIA AS S~IOIJrI OrJ A~1AP OF SURVEY MADE BY WILLIA'1 HAMEL APlD FILED I"! THE OFFIC: OF TNE COUMTY RECORDER OF LOS AMGELES COUNTY, CALIFORNIA, A COPY OF ::~~~CN IS SHOIfN IN BOOK 3, PAGE tb3 ET SEQ, EPlTITLED "L~~~ HMGELES COU~JTY MAP", IN THE OFFICE 6F THE COU"ITY R[CORDER OP SAID ORANGE COUNTY, DESCRIBED AS FOLL041S: BtGIND1ING AT A POI~JT I~l THE CEP~TE.°, LIFIE OF WEST STREET, 6f.o0 FEET WIDE, DISThr7T THEREO~! 201.35 FEET NORTHERLY FROM TfiE ItJTERSECTION OF SFlID CENTER LItJE :JITfI TfiE CENTER LIME OF BALL ROAD, 60.00 FEET 4/1DE, APJD r,uri~iirir, THFMCE SOUTFIERLY, ALONG SAID CENTER LI~lE OF 4lEST Si'REET, 201.85 Ff.ET TO SAID CEPJTER LINE OF BALL R0~1D; TI1E~dCE WES?ERLY, ~IL~NC SAI~ CElJTER LINE OF BP,LL ROAD, 196.7~1 FFET; THENCE PlORTHERLY FlT R~GHT ANGLES TO SAID CEPJTER LIP~E OF BAl_L ROP.D, TO Ata I"ITERSECTID!! WITH A LIPlE WHiCIi IS AT RIC,IIT A~lGLES TO SAID CENTEP, LINE OF WEST STREET AP1D WHICH PASSES THROUGH THE POINT OF BEf,I~1DlIN~; TF(EPJCE EASTERLY TQ TfiE POIhIT OF BEfIP7PlItdG, i.;u~n~.~~~ the City Flannirg Commissiun did iioiJ a ouhiic hear(ng at the Civic Center in the City of Anaheim on ~iovemher 3 1^3~, at 1:30 p.n., notice of said public hearing having been diily given as required hy la~•~ and in accordance with the provisions of the Anaheim Municipal Code, Chapter 14,03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therea~ith; anc! WHEREAS, said Commission, after due inspection, investi~ation and study made by itself and in its behalf, and after due co~sideration of all evidence and reports offered at said hearing, does find and determine the follo~~ing facts: 1. That the proposed use is properly one for a~hich a conditional use permit is authorized by Anaheim Flunicipal Code Section 1R.~3.~~3~•~~10 to wit: to permit a convenience market with gasoline sales, 2. That the proposed use is hereUy granted subject to the peti.ioner's stipulation that the mos* southerly driveo-~ay on l•fest Street ~•:ill be closed and replaced with curb, gutter~ sideo-ralk and a landscaped planter. 3. That the proposed use will ~ot adversely affect thc a~ijolning land uses and the growth and devel~pment of the area 9n ~fhich it is prc~posed to be located. PC8~-190 ~. That the size and shape of the site proposed fnr the use is adequate to allaw the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general 4~elfare e` the Citizens of the City of Anaheim, 5. That the granting of the Conditional Use Permit under the conditions imposed, if any, wi11 not be detrimental to ~he peace, liealth, safety and general welfare of the Citizens of the City of Anaheim. ~. That the traffic generated by the proposed use o-~ill not impose an undue burden upon the streets and higfiways designed and imoroved to carry the traffic in the area. 7. That no o~e indicated tneir presence at said puhlic hearing in opposition; and that no correspondence ~~as recAived in opposition to the subject petiticn. E~lVIRONt1Et1TAL IMPACT FINDIPlG: That the Anaheim City Planning Commission has revieived the proposal to permit a convenience market ~iith gasoline sales on an irregularly-shaped parcel of land consisting of approximately 0.3 acre located at the nrothti•~est corner of E3a11 Road and West Street and having approximate frontages of 136 feet on the north side of Ciall Road and 123 feet on the west side of ldest Street; and does hsreby approve the t~egative ~eclaration from the requirement to prepare an environmental impact report on the hasis that there ~rould be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the suhject oroperty for commercial/recreational land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the pro~osat; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative ~eclaration substantiating the foregoing findings is on fiie in the City of Anaheim Planning Department. f~OtJ, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant su6ject Petition for Conditional Use Permit, upon th~ following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject pruperty in order to preserve the safety and general tiaelfare ~f the Citizens of the City of Anaheim: 1. That the existing structure shall be hrought up to the minimum standards of the City oP Anaheim, including the Uniform E3uildin9r Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 2. That trash storage areas shall he provided in accordance o-rith approved plans on file with the Office of the Executive Director of ?uhlic Worl:s, 3. The exact method of gas~line dispensing shall be approved by the Fire Department and may be req~;red to consist of an automatic closin~ type dispensing nozzle arlth an attendant on duty at a11 times. 4. That subject preperty sfiall he developed suhstantially in accordance wtth plans at~c~ ,pecifications on file a~ith ttie City of Anaheim marked Exhiblt !!o. 1; provided, hu~aever~ Ciiat the most southeriy driveway on West Street shall be removed and replaced with a standard curb~ gutter, sidearaly and a landscaped Planter. ~?- PC30-19!1 C:'.~.. . 5. 71iat Condition tJos. 1, 2, 3 and ~~, ahove-mentioned, shall be complied with prior to final building ancl zonin~ inspections. BE IT FIIRTNER R[SOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance v~ith each and all of the conditions hereinabove set forth. Should any such condition, or any part therr.of, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any appro~~als herein containecl, shall 6e deemed null and void, THE FOREGOING RESOLlIT10!I is signed and a~proved by me this 3rd day of November, 1~~30, ~~~~~ ~.~~ - CHP.IR~1A~1, APJAHEIM CITY PL4N^!ING CO!1MISSION ATTEST: ~~ ~ ~~ SECRETARY, NF1HE I M C I TY PLAh1N I MG COMM I SS I OIJ STATE OF CALtFOR~dIA j COUtITY OF ORAf~GE ) ss. CITY OF ANAHEIPI ) I, Edith L. Harris, Secreta ry of the Anaheim City Plannina Conmission, do hereby certify that the foregoing resolution ~•ias passed and adopted at a meeting of the Anaheim City Planning Commission held on Movember 3, 1~3~, hy the folloo-ring vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, FRY, KING, TOLAR NOES : COMt•11 SS I0~lERS: GUSNORE ~ tiERRST ABSEt7T: COMMISSIONERS: PI~NE 1980. IN 411TNE55 41h1ERE0F, I have hereunto set my hand this 3rd day of Nover~ber, ~~~ ~ ~~~ SECRETAFY, ANAHE I M C ITY PL.4tdN I P~G COF1M i SS I ON PC8~-190