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PC 82-169r~ , • RESOLUTION NO. PC82-169 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION 'PHAT PETITION FOR CONDITIONAL USE PERMIT NO, 2367 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditioaal Use Permit from KWIK-CHEK REALTY COMPANY, INC., 1240 South State College Boulevard, #100, Anaheim, California ~?806, owner, and THE SOUTHLAND CORPORATION, ATTENTION: PAUL MULA, 1240 South State College Boulevard, #100, Anaheim, California 92806, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT 45 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON p, Mpp MADE BY jIM• NAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: HEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE GF NORTH STREET, G6 FEET WIDE, WITH THE WESTERLY LINE OF EAST STREET, 66 FEET WIDE; AND RUNNING THENCE SOUTH 74° 50' 20" WEST ALONG SAID NORTHERLY LINE OF NORTH STREET, 85 FEET; THE;ICE NORTH 15° 06T 25" WEST 162.34 FEET TO THE CENTER OF LA ppLMA AVENUE; THENCE EASTEFI,Y ALONG SAID CENTER LINE 88.04 FEET TO THE NORTHERLY EXTENSION OF THE WESTERLY LINE OF EAST STREET; THENCE SOUTH 15° 06' 25" EAST ALONG SAID EXTENSION AND THE WESTERLY LINE OF EAST STREET, 139.31 FEET TO A POINT OF BEGINNING. EXCEPT THE NORTHERLY 30 FEET AS MEASURED ALONG THE NORTH LINE OF SAID LOT. SAID LAND IS SHOWN ON A LICENSED SURVBYOR'S MAP RECORDED IN BOOK 17, PAGE 47 RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RF.CORDER OF SAID ORANGE COUNTY• PARCEL 2: A7•T• THAT PORTTON OF LOT 45 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: HEGINNING AT A POINT IN THE SOUTHEASTERLY BOUNDARY LINE OF SAID LOT 45, SAID POINT BEING DZSTANT ALONG SAID BOUNDARY LINE SOUTH 74° 50' 20" WEST, 160.00 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 45, SAID SOUTHEASTERLY CORNER SEING THE INTERSECTION OF THE NORTHERLY LINE OF EAST NORTH ST?2EET, 66.00 FEET IN WIDTH, WITH THE WESTERLY LINE OF NORTH EAST STREET, 66.00 FEET IN WIDTH, THENCE FROM SAID POINT OF BEGINNTNG AND ENTERING SAID LOT 45, NORTH 15° 06' 25" WEST, 182.65 FEET, MORE OR LESS, TO A POIt7T IN THE NORTH£RLY LINE OF SAID LOT 45, SAID NORTHERLY LINE BEING TH~ PROPOSED CENTER LIN~ OF EAST LA PAI~MA AVENUE, A F[J'i'URE STREET; TFiF.NCE ALONG SAID rORTHERLY LINE OF SAID LOT 45, EAST 77.68 FEET; THENCE SOUTH 15° 06' 25" EAST, 162.34 FEET #0200I PC82-169 ::s' :~ .. m ..._.._..... - -..~... ,~..s. ........ _.. _ , .. ..... _ ~t~ --~. ~-.. TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 45 AND THE NORTHERLY LINE OF EAST NORTH STREET; THENCE ALUNG SAID SOUTHEASTERLY LINE OF SAID LOT 45, SOUTH 74° 50' 20" WEST, 75 FEET TO A POINT OF AEGINtIING. E:{CEPT THEREFROM THE NORTH 30 FEET. SAID LAND IS SHOWN ON A LICENSED SURVEYOR'S MAP RECORDED IN BOOK 17, PAGE 47 OF RECORD OF SURVEYS, IN THE OFFICE OP THE COUNTY RECORDER OF SAID ORANGE COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in ~he City of Anaheim cn September 8, 1982, at 1:30 p.m., notice of said public hearing having been duly given as required b} 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 WHERE;AS, 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 permit a convenience market with gasoline sales and with waiver of: SECTION 18.06.060.022 - Minimum number of parking spaces and Z8.44.066.050 (12 spaces required; 9 spacas proposed) 2. That the proposed use is hereby denied on the basis that the size of subject property is not adequate to buffer the tr.a'.fic noise generated by the proposal from the adjacent residential area; and o:i the basis that the existing use without the addition of gasoline sales has had a detrimental impact on the surrounding residential neighbors due to traffic noise and hazards and debris from the convenience market. 3. That the 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. 4• That the size and shape of the site proposed for the use is not adequate to allow the full development of the propos~d 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 canditions imposed, if any, w?11 be detrimental to the peace, health, safety and aoneral welfare cf the Citizens of the City of Anaheim. 6. That the traffic generated by the proposed use will. impose an undue bur3en upon the streets and highways designed and improved to carry the traffic in the area. 'Z' PC82-169 i :~ ............ . ~.:,."N,` :. ....... .. . ........ . ... . ~ ~. ' ,:''%4 ; 7• That one person indicated their presence at said public hearing '~ in opposition; and that no correspondence was received = subject petition. in opposition to the ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Plann~,ng Commission has reviewed the proposal to reclassify subject property from the RS-7200 (Residential, Single-Famil to ermit Y? Zone to the CL (Comnercial, Limited) Zone p a convenience market with qasoline sales with waiver of minimum n~ez of parking spaces on an irregularly-shaped parcel of land consisting of .: approximately 0.37 acre located at the southwest corner of La Palma Avenue and East Street, an~ further described as 775 North East Street (7-Eleven utore); s and does hereby approve i re are P P an environmental mpact ereport on cthea basisfthat tthereeq ould ebe no ~ significant individual or cumLlative adverse environmental impact due to the ~ approval of this Negative Declaration since the Anaheim General Plan designates the subject property for medium density residential land uses commensurates with the proposal; that no sensitive environmental impacts are involved in the proposal; tha:: the Initial Study submitted by the petitioner indica'tes 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. N047, THEREFORE, BE IT RESOLVED that the Anaheim Ci.ty Planning Commission does hereby deny Petition for Conditional Use Permit on the basis of the aforementioned findings. T~E F'OREGOING RESOLUTION is signed and approved by me this 8th day of September, 1982. -~ii9~ F~]AN~-~l~~~ ATTEST: C r A1IAHEIM CITY PL NG COMMI-gg=pp7 ~~ ~ ~~_ ~ SECRETARy, pr7pgglM CITy pl,pi~2NG C~~ISSION STATE OF CAI,IFORNIA ) 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 C.ity Planning Commission held on September g~ lgg2~ bY ~he followinq vote of the members thereof: AYES: COMMISSIONERS; BOUAS, 9USHOR~, FRY, HERBST, ICING, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LA CLAIRE IN WITAIESS WHEREOF, I have hereunto set my hand th~s 8th day of September, 1982. SECRETARY, AN,~HEIM CITYrP ING COMMigg=pN ~ __ -3- PC82-169