PC 81-273RESOLUTION NO. PC81 -273
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2286 BE GRANTED
WHEREAS, the Anaheim City Planning Commission dirt receive a verified
Petition for Conditional Use Permit from Angelo Zahy and Carl A. Zahy, 444 West
Katella Avenue, Anaheim, California 92802, owners, and Mobil Oil Corporation
(Don Robbins), P. 0. Box 2211, Tustin, California 92680, agent, of certain real
property situated in the City of Anaheim, County of Orange, State of California,
described as:
THE NORTH 190 FEET OF THE WEST 220 FEET OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAM JUAN CAJON DE SANTA ANA, IN THE COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SAID SECTION I5 SHOWN OM A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on December 28, 1981, 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 18.03.030.010 to wit: To
retain convenience retail sales in an existing service station.
2. That the proposed use is hereby granted suhject to the condition that
the retail sales area shall be limited to and shall not exceed 150 square feet (5R; of
the total floor area); and that the items to be sold shall he limited to cigarettes,
soft drinks, snacks, and gum (that is, those items typically sold in vending
machines).
3. That the proposed use will not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located.
4. That the size and shape of the site proposed for the use is adequate to
allow the full development of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and general welfare of the Citizens
of the City of Anaheim.
5. That the granting of the Conditional Use Permit under the conditions
imposed, if any, will not he detrimental to the peace, health, safety and general
welfare of the Citizens of the City of Anaheim.
PC81 -273
6. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
7. 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 FINDING: That the Anaheim City Planning Comml'ssion has
reviewed the proposal to retain limited retail sales in an existing service station
on a rectangularly- shaped parcel of land consisting of approximately 0.5 acre located
at the southeast corner of Katella Avenue and Harbor Boulevard (1800 South Harbor
Boulevard (Mobil Service Station)); and does hereby approve the Negative Declaration
from the requirement to prepare an environmental impact report on the basis that
there would he no significant individual or cumulative adverse environmental impact
due to the approval of this Negative Declaration since the Anaheim General Plan
designates the subject property for commercial recreation land uses commensurate with
the proposal; that no sensitive environmental impacts are involved in the proposal;
that the Initial Study submitted by the petitioner indicates no significant
individual or cumulative 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 Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit No.
1; provided, however, that the retail sales area shall be limited to and
shall not exceed 150 square feet (5% of the total floor area).
2. That Condition No, 1, above - mentioned, shall he complied with prior to final
building and zoning inspections.
3. That the items to he sold shall be limited to cigarettes, soft drinks,
snacks, and cum (that is, those items typically sold from vending machines).
No additional items shall be added to the existing sales area.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does herehy
find and determine that the adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any condition or any part thereof, he declared invalid or unenforceable by the
final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall he deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 28th day of
December, 1981.
CHAIRMAN PRO TEMPORE
ANAHEIM CITY PLANNINCCOMMISSION
-2-
PC81 -273
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
19 81.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, 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 December 28, 1981, at 1:30 p.m., by the
following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: BARNES
ABSENT: COMMISSIONERS: BUSHORE
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of December,
o t i rl
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC81 -273