Resolution-PC 99-40RESOLUTION NO. PC99-40
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4101 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use PErmit for certain real property situated in the City of Anaheim, County of Qrange, State
of California, described as:
THE WEST 210.00 FEET OF THE NORTH 195.00 FEET OF LOT 4 IN BLOCK B
OF TRACT NO. 13, AS SHOWN ON A MAP RECORDED IN BOUK 9, PAGE 12
OF MISCELLANEOUS MAPS, RECORDS OF Of~tANGE COUNTY,
CNLIFORNIA.
SAID MEASUREMENTS BEING FROM THE CENTER L!NE OF BROOKHURST
STREE7 ON THE WE5T AND FROM THE CENTER LINE OP BROADW/',Y
(OLD COUNTRY ROAD) v^": THE 140RTH AS SHOWN ON SAID nJIAP.
WHERFAS, the City Planning Commissio ~ did hold a public hearing at the Civic Center in
the City of Anaheim on March 15, 1998 at 1:30 p.m., noFice of said pubiic hearing having been duly given
as required by law and in accordance with the provisiors oF the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against s2id praposed conditional use permit and to investigate and
make findings and recommendations in ca~mection t?;erawith; and that the hearing was continued from the
Commission meeting of March 1, 1539; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due .onsideration 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
Anaheirr Municipal Code Sections 18.44.050.070 and 18.87.023.020 to convert the exisfing automotive
repair/cashier building at an existing service station into a convenienca market with retail sale of beer and
wine for off-premises consumption and to retain the gasol(ne sales, and with !he following waivers:
(a) Sections 18.02.058.014 - Continuation of nonconformina billboards.
18.05.050 (While a nonconforming use exists on any lot, additional uses are
18.05.112 prohibited;
and 18.44.050.090 two existing nonconforming billboard signs are proposed to be
retained in connection with a service station modification that
includes a proposed convenience market)
(bj Sect;on 18.44.063.010
(c) Section 18.87.023.020
(d) Section 18.87.030.072
Wiinimum landscaoed setback adjacent to an arterial hiQhwa~.
(1 G feet required from Brookhurst Street; ;i feet proposed)
Minimum retai~ sales floor area. •
1 200 s.ft. required for a convenience market having off-sale beer
and wine; 378 so.ft, proposed)
Minimum landscaoe setback adjacent to interior boundary lines.
CR3579PK.DOC -1- PC99-4C
2. That this proposal was originally advertised to also establish conformity with current
Zoning Code land use requirements for the existing service station under Code Section 18.44.050.070,
but it was subsequently determined th2t the service station was established and aperating under
Conditional Use Permit No. 413, granted in 1963.
3. That waivers (a), (b) and (c) (continuation of nonconforming billboards, minimum
iandscaped setback adjacent to ar, arterial highway, a~d minirr~um retail sales floor area) are hereby
denied on the basis tfiat there are no special circumstances applicable to the property such as size,
shape, topography, location or surroundings, which do not appiy to other identi~ally zoned properties in
the vicinity; that strict application of the Zoning Code does not deprive the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity; and, furthermore, that granting
these waivers would be a special privilege allowing thi~• property to enjoy development rights that are not
shared by other similar corner commercial lots in the City.
4. That waiver (d), minimum landscaped setback adjacent to interior boundary lines of a
service station, is hereby denied on the basis that it was deleted following public advertisement.
5. That the proFosed convenience market with off-sale beer and wine is hereby clenied on
the basis that submitted plans do not demonstrate an a:tempt to provide a quality service station building
with enhanced architecture in compliance with the goals and objectives of the West Anaheim Commercial
Corridors Redeveiopment Area; and lhat the Community Development Depar;ment recommended denial
of the retail salP of alcohol;c beverages for off-premises consumption based on incompatibility with the
goals of the 3ruc icf~urst Overlay Area of the Redevelopment Plan.
6. That the proposed use wouid adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be loi ated.
7. That the size and shape of the site proposed for the use is not adequate to allow full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safetu and ;;eneral welfare of the Citizens of the City of Anaheim.
8. Thec granting lhis conditional use permit, as proposed, would be detrimental to the peace
heaith, safety and general welfare of the Citizens of the City of Anaheim.
9. 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.
10. That two people indicated their presence at the public hearing in opposition to the
proposal; that correspondence was received in opposition; and that W.A.N.D. opposes the sale of beer
and wine in conjunction wilh the g~,soline station operation at this location.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed lhe ;;~oposal to establish conformity with Zoning Code land use
requirements for an existing service station and to convert an existing automotive repair/cashier building
into a convenience marRet with retail sale ~;f t~er and wine for off-premises consumption and to retain the
gasoline sales and with, wafvers of continuation of nonconforming billboards, minimum landscaped
setback adjacent to an arterial highway, minimum retail sales floor area, and minimum landscaped
setback adjacent to interior boundary lines on a 0.51-acre rectangularly-shaped property located at the
southeast corner of Broadway and Brookhurst Street wilh frontages of 135 feet on the south side of
Broadway and 135 feet on the east side of Brookhurst, and further described as 300 South Brookhurst
Street (Thri(ty Oil); and does hereby approve the Negative Declaration upun finding that the declaration
reflects the independentjudgment of+he lead agency and ~hat it has considered the Negative Deciaration
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 is no substaniial evidence that the project ~vil( have
a significant effect on the environment.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny subject Petition for Conditional Use Permit on fhe basis of the aforementioned findings.
1
THE FOREGOING RESOLUTION w s do ed at the' lanqin ~Commission meeting of
March 15, 1999. • ' ~
~ ?~ '
CHAIRPERSO ', A H I'CITY PLANNING COMMISSION
ATTEST:
~0~
SECRETAR , HEIM CITY PLANNING COMMISSION
STATE OF CALIFORN~A )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM }
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission heid on March 15, 1999, by the following vote of the members thereof:
AYES: CO~NMISSIONERS: BOSTWIGK, BOYDSTUN, BF2ISTOL, ESPING, KOOS, NAPOLES
NOES: COPAMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
.n IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of
~1X.J ~ 1999.
~ ~'1 ~aa.R~.~a~ S~R.~
SECRETA Y, AHEIM CITY PLANNING COMMISSION
CR3579PK.DOC -3- PC99-40