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PC 85-159.~. w~, RESOLUTION NO. PC85-159 A RESOLUTIOtJ OF THE ANAt1EIP1 CITY PLALJNING COMMISSION TtiA'I' PETITION FUR COC1DITiONAL USE PERMIT N0. 2693 BE DENIED 'vHEREAS, the Anaheim City Planning Commission did receive a verified Petition foc Conditional Une Permit fcom SHELL OIL COMPANY, 511 No[th Brookhurst Stceet, Anaheim, California 928D1, ATTN: RICHARD MEYERS, owner of certain ceal property situated in the City of Anaheim, County of Orange, State of Califo[nia, ciescribed as: PP.RCEI. 1 : THAT PORTIGN OF LOT 11 OF ANAHEZFI EXTENSION, ZN THE CITY OF ANAHEIM~ COUNTY OF ORANGE, STATE OF CALIFURNIA~ AS SHOWN ON A MAP MADE AY WILLIAPI fiAMEL~ FiLED IN TNE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CA:.IFORNIA, DESCRIBED AS FOLLUWS: BE;GINNING AT THE NORTHWEST CORNER OF LOT 95 OF TRACT NO. 1565~ AS SHOWN ON A MAP P.ECORDED IN BOOK 49 PAGES 20 TO 24 INCLUSIVE UF FIISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 15° 16' 04' WES'l 175.00 FEET TO iHE SOUTHWEST CORNER OY LOT 94 OF SAID TRACT N0. 1565; THF.NCE NORTH 74° 29' 4U' EAST 225.00 FEET ALONG THE SOUiHERLY LItiE OF SAID LOT 94 AFD ITS EASiERLF PROi.Oi+GATi0i7 TO TBE CEI1iER LIi3~ OF PLACEHTIA AVENUE, AS SHOWN UN SAID MAP OF TRACT N0. 1565; THENCE SOUTN 0° 10' S5' WEST 181.77 FEET ALONG SAID CENTER LINE TO THE EASTERLY PROLOIvGATION OF THE I~lOR1'HF.RLY LINE UF SAID LOT 95; T6ENCE SOUTH 74° 29~ 40' W£ST 176.58 FEET TO THE POINT OF B°GT_NNING. PARCEL 2: LUT 94 OF TRACT N0. 1565, IN THE CITY OF ANAHEZN~ COONTY OF URANGE~ STATE OF CALIFORNIA, AS PER FiAP RECORDEG ZN BOOK 49 FSC$.9 ~~ °'~ ... _.~.......T~•E nc ~crci~.t.e)}.nno u~n~~ ~N muc nccirc UF THE COUNTY RECORDER OF SAID COUNTY. u WHEREAS, the City Planning Com,rission did hold a public hearing at the Civic Centec in the City of Anaheim on June 24, 1985 at 1:30 p.m., notice of said public hearing having been duly yiven as reguired by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and considec evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations fn connection therewith; and YIHEREAS, sazd Commission, aftec 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 fxnd and det•ermine the follcwing facts: 1. That the ptoposed use is properly one foc which a conditional use permit is authorized by Anaheim t9unicipal Code Section :8.03.030.010 to wit: to construct a convenience market with ofE-sale beer and wine in conjunction with an existing service station and cat wash. 0562r YCBS-155 .. :...r~ , ..,, ,. ^ 7 , ~:~ 2. That the proposed use is hereby denied on the basis that the sale of beer and wir.e in conjunction with the sale of gasoline could contribute to the drunk drivi,~g problem; and Purther on the basis that there are adequate facilities in thE immadiate area for purchasing convenience i.tems or beer and wine. 3. That the proposed use will adversely affect the adjoining land uses and the yrowth and development of the area in w}iich 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 proposed use in a manner not detrimenta~ to the particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 5. That the gcanting of the Conditional Use Permit under the conditions imposed, if any, will be detrimental to the peace, health, safety and general welface of the Citizens o.f. Lhe City of Anaheim. 6. That the traffic generated by the proposed use wi11 impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. That two persons indicated their presence at said pubtic hearing ir~ opposition; and that no correspondence was received in opposition to the subject petition. ENVIRUNMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has revieweJ the proposal to construct a convenience markat with off-sale bee* and wine in conjunc*_ion with an existing service station and car wash on an irregularly-shaped parcel of land consisting of appcoximately 0.72 acre, located at the southwest c.,rner of Linculn Avenue and State College Boulevard and further described as 201 South State ^_ollege Baulevard; and does hereby approve the Negative Declaratioa upon finding that it has considered the P:egative DeCla[aCion cogether with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have 3 significant effect on the er,vironment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Conditional U~e Permit, on the basis of the aforer~entioned findings. THE FOREGOING RESOLUTIUN is signed and a proved by me this 24th day of June, 1985. ~7~ _ _~ / .~ .~ . ---~CF:AIRMAN~ A'AH IM CITY PLANNING COMMISSIOP] ATTEST• `~~-~-~ ~„ ~ .~ ~ . SGCRETARY~ F,NAHEIb1 CITY PLANNINC COMMISSTON -2- PC85-159 11 ~+. ~ ~ ,.. , ,~., STATL UF CALIFORNIA ) COUNTY UF ORANGL ) ss. CITY OF ANAHEIPi ) I~ Edith L. Harris, Secretary of the Anaheim City Planning Corunission, do hereby certify that the furegoing resolution was passed and adopted at a meetin9 of the Anaheim City Planning Commission held on June 24, 1985, by the fo:~lowing vote of the members thereof: AYES: COMMISSIONERS: BUUAS, BUSHORE, HERBST, MC BURNEY NOES: CObIMISSIONERS: NONE ABSENT: COMMISSIONERS: FRY, LA CLAIRE IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of June, 1985. ~~f~ ~ ~i~~~ SECRETAR ~ ANAHEIM CITY PLANNING CQMMISSION `;: ~ -3- PC85-159 1