PC 83-67~~
RESOLUTION NO. PC83-67
A RESOLUTIOt7 OF THE ANAHEIM CITY PLANNING COMt4ISSI0N
THAT PETITION FOR CONDITIONAL USE PERMIT NU. 2413 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from ATLANTIC RICHFIELD COMPANY, 300 West
Glenoaks Boulevard, Glendale, California 91202, owner of certain real property
situated in the City of Anaheim, County of Orange, State oE California,
described as:
THAT PORTION OF LOT 6 OF THE J. D. TAYT_~OR TRACT, IN THE CITY
OF ANAHEIM~ COUNTY OF ORANGE~ STATE OF CALIEORNZA~ AS PER MAP
RECORDED IN SOOK 36 PAGES 58, 59 AND 60 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY~ CALIFORNIA, TOGETHER WITH THAT PORTION OF LOT 4 IN
SECTION 4~ TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO
MERIDIAN, IN SAID CITY~ COUNTY OF ORANGE, STATE OF
CALIFORNIA~ ACCORDING TO THE OFFICE PLAT THEREOF DESCRIBED AS
A WHOLE AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE ALONG
THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 6
NORTH 17 DEGREES 00' 26" WEST 50.65 FEET; THENCS NORTH 75
DEGREES 45' 34" EAST 98.58 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 75 DEGREES 45' 34" EAST 180.85 FEET
TO THE CENTER LINE OF JEFFERSON STREET~ 100.00 FEET WIDE, AS
DESCRIBED IN PAItCEL 1 OF THE DEED TO CITY OF ANAHEIM RECORDED
MAY 17, 1968 IN BOOK 8605 PAGE 255 OE OFFICIAL RECORDS;
THENCE SOUTHEASTERLY ALONG SAID CENTER LINE TO AND ALONG THE
CENTER LINE OF JEFFERSON STREE'^, 100.00 FEET WIDE, AS
DESCRIBED IN THE DEED TO iHE CITY OF ANAHEIM, RECOr2DED APRIL
15, 1968 IN BOOK 8572 PAGE 780 OF OFFICIAL RECORDS, TO THE
NORTHERLY LINE OF BATAVIA STREET~ 80.00 FEET WIDE, AS SHOWN
ON THE MAP OF TRACT NO. 4643 AS PER MAP RECORDED IN BOOK 195
PAGES 35 TO 37 INCLUSIVE OF MISCELLANEOUS DfAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTAWESTERLY
ALONG SAID BATAVIA STREET TO A LINE WHICH BEARS NORTH 14
BEGREES 19' 26" WEST AND WHICH PASSEu THROUGH THE TRUE POINT
OF BEGINNING; THENCE NORTH 14 DEGREES 14" 26" WEST TO THE
TRUE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on April 4, 1983, at 1:30 p.m., notice
of said public hearing having been duly given as required by law and in
accordanc~• with the provisions of the Anaheim Municipal Code, Chnpter 18.03,
to hear and c~nsider evidence for and against said proposed conditional use
permit and to investigate and make finding~ and recommendations in connection
L-herewith; and
WHEREAS, said Commission, after due inspection, inve~tigation 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:
#0564I
PC83-67
1. That the proposed use is properly one for which a conditional
use permit i~ authorized by Anaheim ~unicipal Code Section 18.03.030.O1D to
wit: to cetain retail sales in an existin9 gasoline service stalion with
waiver of:
SECTION 18.05.069.010 - Permitted Advertising on Lighter Box Sians.
AND 18.05.030.055 (Product advertising on lighter box signs
(canopy spandrel) not oermitted; product
advertising existing)
2. That the requested waiver is hereby granted on the basis of the
unusual shape of subject property and denial would deprive subject property of
a privilege being enjoyed by other properties in the same zone and vicinity.
3. That the proposed use is heraby granted subject to the
petitioner's stipulation that the items to be sold at this site shall be
limited to gum, packages of candy and m.ints, packaged nuts and seeds, candy
bars, fruit ju;ces (glass and cans), soda, c5ips (i.e., Fritos), cookies and
cakes; and that the retail sales area shall be limited to 200 square feet.
4. 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.
5. 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.
6. That the granting of the Conditional Use Permit under the
conditions imposed, if any, will not be detrimental to the peace, health,
safetv and general welfare of the Citizens of the City of Anaheim.
7. That the traffic generated by the proposed use will not impose
an undue burden upon the streets and highways desianed and improved to carry
the traffic in the area.
8. That no one indicated their presence at said public hearing ~n
opposition; and that no correspondence was received in opposition to the
subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to retain retail stles in an existing
gasoline service station with waiver of permit~-ed advertising on lighter box
sirns on an irregularly-shaped parcel of land conz•isting of. approximately 0.51
acre located at the northwest corner of Riverdalt Avenue and Tustin Avenue,
and further described as 3901 East Riverdale Avenue (ARCO M. P. & G.); and
does hereby approve the Negative Declaration from the requirement to prepare
an environmental impact report on the basis that there would be no significant
individual or cum4~~ative adverse environmental impact due to the approval of
this Negative Declaration since the Anaheim General Plan designates the
subject property for general commercial/medium density land uses commensurates
with the proposal; that no sensitiv~ environnental 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.
'Z' PC83-67
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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 pre~erve the safety
and general welfare of the Citizens of the City of Anaheim:
1. That appropriate water assessment fees shall be paid to the City of
Anaheim, in an amount as determined by the Office of Utilities
General Manager.
2. That the existing most soukherly driveway on Tusti~i Avenue shall be
removed and replaced with a standard curb, gutter, sidewalk and
landscaping.
3. That subject property shall be developed substantially in accordance
with plans and specifications on Eile with the City of Anaheim marked
Exhibit Nos. 1 and 2 with a maximum retail sales area of 200
square-feet.
4. That Condition Nos. 1 through 3, above-mentioned, shall be completed
within a period of 90 days from the date of this resolution.
5. That the retail sale of alcoholic beverages (including beer and wine)
shall not be permitted in conjunction with this use.
6. That items sold at this site shall be limited to gum, packages of
candy and mints, package~ nuts and seeds, candy bars, fruit juices
(glass and cans), soda, chips (i. e., Fritos), cookies and cakes.
BE IT EURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with eacn and all of the conditions
hereinabove set forth. Should any such conditions, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jur.isdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 4th day of
April, 1983.
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CHAIRMA~/ PRO TEMPORE
ANAHEIM CITY PLANNING COMMSSSIUN
ATTEST:
~~~~~~
SECRETARY, RNAHEIM CITY PLANNING COMMISSION
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i~ STATE OF CAtICORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
' I. Edith L. Harris, Secretary of the
Commission, do hereby certify that the Eoregoing resolution Wasty Planning
adopted at a meeting of the Anaheim City planning Commission held naAPrala~a
, 1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, HERBST, KING~ MC BURNEY
NOES: COMMISSIONERS: LA CLAIRE
ABSENT: COMMISSIONERS: FRY
jN WiTNESS WHEREOF, i have hereur.to set my hand this 4th day of
April, 1983.
_ ~ r .
~ECRETARy, ANAHEIM CITY PLANNING COMMISSION
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