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PC 85-173RESOLUTION NO. PC85-173 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL OSE PERMIT N0. 2696 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from THRIFTY OIL COMPANY, 10000 Lakewood Bou.levard, Downey, California 90240, ATTN; A. W. JOH~SON, JR., agent for certain real property situated in tne City oE Anaheim, County of Orange, State of California, described as: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORaNGE~ STATE OF CALIFORNIA~ AS SIIOWN ON A b1AP FILED IN BOOK 43 PAGE 9 OF PARCEL blAYS~ 7N THE OFFICE OF THE COUNTY RECO~uER OF SAID COUNTY. WHEREAS, the City Planning Comrr,ission did hold a public hearing at the Civic Center in the City of Anaheim on July 8, 1985 at 1:30 p.m., notice of saia public heariny having beer. duly given as required by law and in accordance with the provisions of the Anaheim btunicipal Code, Chapter 18.03, to .".~;.~ and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection tt~erewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evider.ce antl teporL-s off.ered at said hearing, does find and detecmine the following Eacts: 1. That the proposed use is properly one for which a conditional use permil• is authorized by Anaheim Municipal Code Section 18.61.050.605 to permit a convenience market with gasoline ssles and off-sale beer and wine with waiver of the following: SECTION 18.61.063.011 - Minimum landscaped setback, (1C feet requircd in Pront setback; 0 t•o 17 feet proposed) 2. That the proposed use is hereby denied on tt~e basis t9at the sale of beer and wine in conjunction with gasoline sales could contribute to the drunk driving groblem and adversely affect the public's safety. 3. That the proposed use wil.l 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 Por the use is not adequate to allow the full development of the proposad 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 impo~ed, if any, will be detrimental to ttie peace, health, safety and general welfare of the Citizens of the City of Anaheim. 0576r PC85-173 ~ ~ --_.~.^ ~ ~.~ ~ undue burden uponttt:eestreet 1 and highW~ by the proposed use will impose an traffic in l•he area. Y~ designed and improved to carr y the ~• That t.hre? persons indicated their presence at said i,eariny in opposition; and that no correspondence was reca' to the sub'~_ ~ublic ]'ct petition. ived in opposition ~'NVIR-._ ~~MENTAL In1PACT FINDING: That the Anaheim City Planning Commission has reviewed ~he 9asuline sales and oFf-~ale b er~p ndlw ne withl waiver~afnience market with setback. on a rectangu;arly-~haped parcel of land consistin minimum landscaped 0•7 acre located ~;t the northeast corner of g~f a f3oulevard and PProximat:ely fu.rther described as 3101 East LaL~p~lmamAV nuenU(Thrift Kra`mer and does h~~reby approve the Negative Declaration u on considered the Negakive Declaration toget5er with 3n y~~1); P finding that it has the public review pr~~cess and further finding on the~ basis ofc the dinitial s'tudy and any cumments received that there is no substantial evidence that th2 pi:oject w.ill have a significant effecl• on the environment. ~~~>W~ i~HEREFORE, gE IT RESOLVED that the Anaheim Cornmission does hereb,y deny subject Petition for Conditiona: the basis r~F the afcremertioned findings. City Ple~nning Use Permit, on THE FOREGOING RESOLUTION is signed and a~?pf a, d b July, 1985. Y m this 8th day of . ~ } / ~ e.,,, , .~- i / , \ ~ ~~ % G Gsl..1l~ ~CHAIRMAN, ANAH I \CITY PLANNING COMMISSION ATTIiST: ~ ~ SECI2ETARk~ ANAH~Y PLANNING COM1•fISSION STA'tl; UP C.ALIFORNIA ) CUUN9'Y OF i~RANGE ) ss. CITX OF ANi1HE2[9 ) I~ Edith L. Harris, Secretary of the Anaheim Commission, do hereby certify that the foregoing resolution was ado ta City Planning A d at a meeting of the Anaheim City Planning Commission held onSJUay agd 1985, by the following vote of the members thereof: AYES: COMMISSTONERS: BOUAS . BUSHORE, FRY~ HERBST, KING, LA CLAIRE~ NOES: MC BURNEY COMMISSZONERS: NONE ABSENT: COMMISSION~RS: NONE .1985. IN WITNESS WHEREOF, I have hereunto set my hand tais 8th day of July, ~~r~ ~ .~~;~ SECRETARY, ANAHEItf CITY PLANNING COMMZSSION -2- PC85-].73 ~