Loading...
PC 80-231RESOLUTION N0. PC~0-231 A RESOLUTION OF THE ANAHEIM CITY PLAMNIPIG COMMISSION THAT PETITIOPI FOR COt~DITI0IJAL USE PERMIT DJO. 214fi BE DENIED Petition forRConditlonal~Usee1PermiL•Y fro,mr~nATLAPJTIC "RICHFIELDd COMPqNYe 17$6r~West Lincoln Avenue, Anaheim, Califo rnia, 92804, a•1~~er, and P. ~, ~!PpERT, i786 West Lincoln Avenue, Anaheim, California 92$04, agent, of certain real property situated in the City of Anafieim, County of Oi•ange, State of Ca)iforniz, described as: . PARCEL A: THAT PORTION OF PARCEL 2, IN THE CITY OF AN~IHEIAI, COUNTY QF ORANGE, STATE OF CALIFORNIA, AS SHOWN OiJ A MAP FILED IN BOOK 30, PAGE 48 OF PARCEL MAPS, ON FILE IN THE OFFICE OF THE COUN7Y RECORDER OF SAID COUNTY, DESCRIBED AS FOLL04IS: BC•GIWNING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY, SAID POINT BEItJG THE SOUTHERLY TERMIPlUS OF TNAT CERTAIN COURSE IN SAID EASTERLY RIGHT OF WAY LiNE SHOWN OPJ SAID MAP AS 'iVORTtI ln 23' 00" EAST 664.08 FEET"; THENCE NORTH 88~ 37~ pq~~ 41ES? ALONG SAlD RIGNT OF WAY LINE OF IMPERIAL HIGH4/AY A DISTANCE OF 20.00 FEE7 TO AN AWGLE POINT THEREIN; THENCE SOUTH 1° 23' 00" lr'EST ALONG SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTAP~CE OF 135.76 FEET; THENCE LEAVII•JG Sq~D RIGHT OF blAY LINE OF IMPERIAL HIGHWAY SOUTH 88° 37' 00" EAST AT RIGHT APJGLES TO SAID RIGHT OF WAY LINE A DISTANCE OF 160,00 FEET; THEIdCE WORTH 1° 23' 00" EAST PARALLEL WITH SAID RIGIiT OF WAY LINC OF IMPERIAL HIGH4/AY A DISTANCE OF 13~.37 FEET TO A POINT (N THE SOUTtiERLY RIGNT OF LlAY LINE OF LA PALMA AVENUE 90.00 FEET WIDE, AS SHOWN ON SAID MAP, SAID SOUTHERLY RIGHT OF WAY AT SAID POINT BEING TfiE ARC OF A CURVE CONCAVE SOUTHEP.LY FIAVING A RADIUS OF 1,355.00 FEET, A RAUTAL LINE TNROUGH SAID POINT BEARS NORTIi 9° 55' 05" EAST; THEPJCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF LA PAL11/1 AVEi1UE, TiiROUGH A CENTRAL ANGLE OF 5° 57~ 02" AI~ ARC DISTANCE OF 140.73 FEET TO A POINT I(J SAID EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIG{iWAY; THEi~CE SOUTN 1° 23' 00" IJEST ALONG SAID EASTERLY RIGHT OF WAY LINE OF IMPERtAL HIGIiIdAY A DISTAIJCE OF 14.24 FEET TO THE POIhJT OF BEGI~~NING. TOGETHER WITH THE SOUTFIERLY NALF OF LA PALMA AVEMUE ADJOIIJIPlG S/~ID LAND ON THE NORTH, AS SAID AVENUE IS DESCR113ED IN THE DEED TO THE CITY OF AtJAHEIM, RECORDED MAY 19, 1970 IN BOOK 9293 PAGE 261, OFFICIAL RECORDS; FlND PARCEL 8: THAT PORTIOiJ OF THE RAtJCHO CANOhJ DE SANTA ANA, IN THE CITY OF ANAHEIf1, COUWTY OF ORA(JGE, STATE OF CALIFORt~IA, DESCRIBED AS FqLLOb/S: GEGINNING AT TI1E INTERSECTIOPJ OF THAT CERTAIP! CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 1355 FEET AIJD AN ARC LENGTH OF 445.7_4 FEET, IN THE SOUTHERLY LIFJE OF THE STRIP OF LANU, 90 FEET WIDE, AS DESCRIDED IN THE DEED TO THE CITY OF ANAfiEltl FOR LA PALMA AVENUE, t~ECORUCD MAY i°, 1970 IN 8001: 92g; PqGE 261, OFFICIAL RECORDS, WITH THE EASTERLY LINE OF TI1E LAND ACQUIRED BY THE STATE OF CALIFORIJIA I~J THE DEED R£CORD[U OCTODER 14, 1952 IN PC$n-23t ~OOK 23y5, PE1,E 5,I2, OFFICIAL RECORGS, AiIU RUNNING TIiENCE IJESTEFLY ALONG THE WESTCR.L'V CQNTINU/1T1011 OF SAID CURVE FROM THE TANGENT WH l CH BEARS P~Of:TH 85° 3i5' 21" WEST TNROUGH AN ANGLE OF 0° 25' 39" AN AR.C DISTANCE OF 10.11 FE[T; TNEPICE TAt~GENT NORTH EG~ O~E' 00" WES7 O.J~i FEET TO A TAidGEWT CURVE CONCAVE SOUTNERLY AND HAVIIJG A RRJIUS OF 2'L FEFT; (HENCE idESTERLY ALONf SAID LAST D1EtdTIONED CURVE THROUGii AtJ ANGLE OF 21E° 24' 18", AN ARC DISTAP~CE OF 9.37 FEET TO THE NORTtiERLY PROLOIJGATIOfi OF 711HT CERTAIPJ COURSE DESCRIBED AS HAVING A LENGTIi OF 131 FEET IIJ SAIU DEED TO THE STATE OF CALIFORIJIA; THEtdCE ALOiJG SAID PROLONGATION SOUTH 1~50' C3" WEST 10.64 FEET TO TtIE IJORTHERLY TERt11PlUS OF SAIU COURSE; TH~IJCE ALOWG THE BOUNDARY LIhES OF SAID LANU SO ACQUIREU 6Y THE STATE Of CAL I FORiJ IA, SOtJTH 8~i° 09' S7" EAST 20 FEET APJD PJORTH i° 50' 03" EAST 14.2~I FEET TO THE P01 P~T OF BEG I tlt~ I NG. WHEREAS, the City Planning Commission did scfiedule a public hearing at the City Hall in the City of Anaheim on December 1, 1980, at 1:30 P•m., notice of said public I~eariny having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 10.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recorrmendations in connection therewith; said public hearing having been continued to the Planning Commission meeting of December 15, 19F30; and WtiEREAS, said Cortmission 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 hearin9, does find and determine the following facts: 1. That the pruposed use is properly one for o-~hich a conditional use perrnit is authorized by Anaheim Municipal Code Section 1~3.03•030.010 to wit: to permit a convenience rnarket with gasoline sales in the CL(SC) (Commercial, Limited - Scenic Corricior Overlay) Zone with waivers of: (a) SECTIONS 18.84.~62.040 - Maximum size of price siqns. and t.05.0 9,021 13 square eet or sel serve" and price sign; 20 square feet proposed) (b) SECTIOtJS 18.84.062.040 - Prohibited freestandin signs. and 1ti.05.091.010 None permitted; 1 existing) (c) S~CTIONS 18.84.062.040 - Maximum number of wall si ns. and t .05•~91.020 1 permitted; 3 proposed) 2. That the proposed use is hereby denied on the basis that the use would cause an increase of traffic to the intersection and would, therefore, be detrimental to traffic along La Palma tivenue and Imperial Highway; and v~ould also adversely impact other nearby uses. 3. That approval of the proposed waivers would establish an undesirable precedent in the Scenic Corridor. -2- PC8Q-231 ~ 4. That Che proposed use will 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 proposed for the use is not adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, heaith, safety, and general wel`are of the Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Permit ~~ill be detrimentai to tl~e peace, heaith, safety and general welfare of the Citize~s of the City of Anaheim. 7. That the traffic generated by the proposed use will impose an undue burden upon the streets and highways designed a~d improved to carry the traffic in the area. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDIP~G: That the Anaheim City Planning Commission has reviewed the proposal to permi~ a convenience market with gasoline sales in the CL(SC)(Commercial, Limited - Scenic Corridor Overlay) Zone with waivers of maximum size of price signs, prohibited free-standing signs and ma~imum number of wall signs on an irregularly-shaped parcel of land consisting of approximately 0.5 acre ]ocated at the southeast corner of La Palma Avenue and Imperial Nighway, having frantages of approxlmately 160 feet on the south side of La Palma Avenue and 150 feet on the east side of Imperial Highway; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact repor[ ~n the basis that there would be no significant individual or cumulative adverse environmenta] impact due to the approval of this P~egative Declaration since the Anaheim General Plan designates the subject property for general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposai; that th~ Inittal Study submitted by the petitioner indicates no significant individual or cumuiative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning ~ommissfon does hereby deny s~bject Petition for Conditional Use Permit on the basis of the aFerement: ~~ed findings. ~~ii. FOREGOING RESOLUTIOt•l is signed and approved by me this 15th day of December, 19~30. ~~~h ~-~t_ CHAIR~N, AiJA E M CITY PLANNING CO ISSION ATTEST: ~ :~ ~ ,t~ ~~, ,1.. SECRETAR , A~dAH I~I CITY PLANNING COMP115S101~ ..3- PcBo-23~ Il t'r: , ~, ~fi STATE OF CALIFORNIA ) ,7 COU(JTY OF OR/~NGE ) ss . CITY OF ANAHEIht ) I, ~dith L. tlarris, 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 Cornmission held on December i5, 1980, by the follawing vote of the members thereof: AYES: COt1MISSIOPJERS: @ARtJES, BOUAS, I3UStI0RE, FRY, TOLAR NOES: COM111SSIONERS: KIPlG ABSENT: COMhSISSI0IJERS: fiERBST IN WITNESS WHEREOF, I liave hereunto set my hand this 15th day of December, 19~a• ~~ ,~ ~~~;~ SECRETARY, ANAHEIM CITY PLAN11fIJG COMMISSION -4- PC8~-231