Resolution-PC 99-38RESOLUTION NO. PC99-38
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMNiISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4103 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition tor
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as
THE EASTERLY 130.00 FEET OF THAT PORTION OF VINEYARD LOT Fi-i,
AS PER MAP RECORDED IN BOOK 4, PAGES 629 AND G30 OF DEEDS, {N
THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT H-1, SAID
SOUTHEAST CORNER BEING THE INTERSECTION OF THE WESTERLY
LINE OF EAST STREET, 66.00 FEET WIDE, AND THE NORTHERLY LINE OF
SOUTH STREET, 24.75 FEET WIDE, AS SHOWN ON SAID MAP; THENCE
NORTH 15 DEG. 30' 00" WEST 162.99 FEET ALONG THE WESTERLY LINE
OF SP.ID EAST STREET TO 7HE SOUTHEAST CORNER OF LAND
DESCRIBED IN A DEED TO E.D. JOHNSON AND COMPANY, RECORDED
AUGUST 21, 1957 IN BOOK 4012, PAGE 322 OF OFFICIAL RECORDS;
THENCE SOUTH 74 DEG. 22' 35" WEST 331.16 FEET ALONG THE
SOUTHERI.Y LINE OF SAID LAND OF E.D. JOHNSON AND COMPANY TO
THE EASTERLY LINE OF LAND DESCRIBED IN A DEED TO THE CITY OF
ANAHGIM, RECOROED MAY 17, 1954 IN BOOK 2729, PAGE 208 OF
OFFICIAL RECORDS; THENCE SOUTH 15 DEG. 30' 31" EAST 163.15 FEET
ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE OF SAID LOT H-1,
THENCE NORTH 74 DEG. 21' 04" EAST 331.14 FEET TO THE POINT OF
BEGINNING.
WHFREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 1, 1999 ~t 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; ard
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 f~llowing facts:
i. That the proposed use is properly one for which a conditional use permif is authorized by
Anaheim Municipal Code Sections 18.61.050.055 and 18.87.07_3.020 to establish conformity with existing
Zoning Code land use requirements for an existing service station arid to convert a~ existing accessory
auto repaidcashier building into a convenience market with retail saie of beer and wine for off-premises
consumption, and with waivers of the following:
~a) Sections 18.61.063.011 - Minimum landsr,aped setback adiacent to an arteriai hiahwav.
18.87 ,i30.040 (10-foot fully Iandscaped setback required along East Street;
and 18.87.030.071 none to 10 feet proposed}
(b) Section 18.87.023.020.a - Minimum retail sales floor area,
(1 20U sq.ft. required for a conver.ience market ~vith off-sale
beer and wine; 1.125 sauare feet ~roposed)
2. That the proposed use is hereby denied.
CR3573MS.DOC -1- PC99-38
3. That the p~operty is not irregularly canfigured; and there are no special circumstances
applicable to the property such as size, shape, topography, location or surroundings to justify waiver (a)
pertaining to the minimum landscaped setback adjacent to East Street.
4. That this property is large enough in size and shape to construct a 75 sq.ft. or larger
addition which wouid bring the total convenience market square footage into conformance with current
Code requirements and, therefore, waiver (b) pertaining to minimum retail sales floor area is not
necessary.
5. 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.
6. That the size and shape of the site proposed for the use is not adequate to allow full
development of the proposai in a manner not detrimental to the particuiar area nor to the peace, health,
safety and general welfare of the Citizens of lhe City of Anaheim.
7. That granting of this conditional use permit would be detrimental to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
8. That the traffic generated by the proposed use would impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
9. That three (3) peopie indicated their presence 2t the public h2aring in opposition to the
proposal; and that correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to establish canformity with existing Zoning Code i2nd
use requirements for an existing service station and to convert an existing accessory auto repair/cashier
building into a convenience market v;; h retail sale of beer and wine for off-premises consumption and to
determine the Public Convenience c; P~ecessity to allow the retail sale of beer and wine for off-premises
consumption within the proposed convenience rriarket with waivers of minimum landscaped setback
adjacent to an arterial highway and minimum retail sales floor area on a rectangularly-shaped 0.49-acre
property located at the northwest corner of South Street and East Street, havinc~ frontages of 130 feet on
the north side of South Street and 163 feet on the west side of East Street, and further described as 727
South East ~treet (Arco service station); and does hereby deny the Negative Declaration ~~•~on finding that
the declaration reflects thP independent judgment of the lead agency and that it has considered the
Negative Declaration together 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 !s substantial evidence that
the project will have a significant adverse effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings.
THE FOREGOING RESOLUTInN was adopted at the Planning Commission meetin~ flf
March 1, 1999. ~ .
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CfiAIR ERSON PRO-TEMPO E
ANAHEIM CITY PLANNING COMMISSION
ATi'EST:
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SEC~ETARY, AK1f4HE1M CITY PLANNING COMMISSION
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STATE nF CiaLIFORNIA )
COUNN OF ORANGE ) ss.
CITY OF ANAfiEIM )
I, Margerita Solorio, Secretaiy of the Anaheim City Pianning Commission, do hereby certify
that the foregoing resclLtion was passed and adopted at a meeting of the Anaheim City Planning
Commission held on March 1, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, ESPiNG, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMDAISSIONERS: BRISTOL
~~ lN WITNESS WHEREOF, I have hereunto set my hand this ~v".' day of
,~~'1~~~ 1999..
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SECRETARY, AHEIM CITY PLANNING COMMISSION
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