Resolution-PC 99-42RESOLUTION NO. PC99-42
A RESOLUTION OF THE ANAHEIM CIlY PLANNING COMMISSION
THA7 PETITION FOR CONDITIONAL USE PERMIT NO. 4102 BE DENIED
WHEREAS, the Anaheim City Planning Commission did ~eceive a verified Peti!ion for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE EAST 195.00 FEET OF THE NORTH 193.00 FEET ON THE NORTH HALF
OF THE NORTHEAST QUARTER QF THE NORTHWEST QUARTER OF
SECTION 24, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANChO LOS
COYO'fES, AS 5AID SECTION IS SHOWN ON A MAP RECORDED IN BOOK
51, PAGF 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 15, 1999 at 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 2gainst said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and that said hearing was continued from
the March i, 1999 Planning Commission meeting; and
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 following facts:
1. Petitioner requests approval of a conditional use permit under authority of Code Sections
18.44.050.070 and 18.87.023.020 to convert an existing accessory automotive repair/cashier building at
an existing service statiun into a convenience market with retail sale of beer and wine for off-premises
consumption and to retain the gasoline sales station and with the following waivers:
{a) Sections 18.02.058.014 - Continuation of nonconformina billboards.
18.05.050 (While a nonconforming use exists on any iot, additional uses
18.01.112 are prohibited;
18.44.050.090 iwo existing nonconforming billboards are proposed to be
retained in connection with a service station modi~ication that
includes a proposed convenience market)
(b} Section 18.44.063.010
(c) Section 18.87.023.020
(d) Section 18.87.030.072
Minimum landscaoed setback adiacent to an arterial hiahwaX.
10 feet required from Ball Road; 3 feet proposed)
Minimum retail sales floor area.
(1.200 sQ.ft. required for a convenience market having off-sale
beer and wine; 750 sa.ft. proposed)
Minimum landscaoed setback adjacent to interior boundary lines.
(4 ft. by 4 ft. tree wells required every 20 feet; 10 foot wide
planter area with trees proposed along the northwest 100 feet but
no landscaoing provided at the southwest)
CR3581 PK.DOC -1- PC99-42
2. That fhis proposal was originally advertised to also establish conformiry with current Zoning
land use requirements for the existing service station under Code Section 18.44.050.070, but it was
subsequently determined that the service station was established and operating under Conditionai Use
Permit No. 288, granted in 1952.
3. That waivers (a} and (b), continuation of non-conforming billboards and minimum
landscaped setback adjacent to an arterial highway, are hereby denied on the basis that there are no
special circumstances or identified hardships affecting this property to warrant granting said waivers;
and that granting these waivers wouid be a special privilege allowing this property to enjoy development
rights that are not shared by other similar corner commercial lots in the City.
4. That waiver (c), minimum retail sales floor area, is hereby denied on the basis that this
property is not irregularly configured; that there are no special circumstances appiicable to the property
such as size, shape, topography, location or surroundings which would justify this waiver; and that this
site is adequate in terms of size, shape and topography to aliow construction of a 450 sq.ft. addition to
the existing building or far construction of a new 1,200 sq.ft. building in order to conform with current
Code requirements.
5. That waiver (d), minimum landscaped setback adjacent to interior boundary lines, is hereby
denied on the basis that it was deleted following public advertisement.
6. i hat the Community Development Department recommended denial of this proposal based
on incompatibility with the goals of fhe Redevelopment Plan.
7. That s~bmitted plans do not demonstrate an attempt tc provide a quality service station
building with enhanced architecture.
8. That the proposed retail sale of beer and wina for off-premises consumption is hereby
denied because said use would adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because testimony by the Anaheim Police
Department indicates this area has a high crime rate (71 % above the City average) and also has an
over-concentration oc Alcoholic Beverage Control licenses (4 licenses permitted in the underlying
Census Tract No. 878.03, 5 existing); and based on current efforts by the City to improve land use
compatibility in this area;
9. That the size and shape of the site proposed for this use is not adequate to allow fuil
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safaty and general welfare of the Citizens of the City of Anaheim.
10. That granting of this conditionai use permit would be detrimental to the peace, health, safety
and general welFare of the Citizens of the City of Anaheim.
11. That the traffic generated by the proposed use would impose an undue burden upon the
streets and highways designed znd improved to carry the traffi~ in the area.
12. That three people indicated their presence at the public hearin~ in opposition to the
proposal; and that correspon~ence was received in opposition.
CR3541 PK.DOC -2- PC99-42
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposai to convert an existing accessory automotive
repair/cashier building at an existing service station into a convenience market with retail sale of beer and
wine for off-premises consumption and to retain the gasoline sales and with waivers o~ continuation of
nonconforming aillboards, minimum landscaped setback adjacent to an arterial highway, minimum retail
sales floor area, and minimum landscaped setback adjacent to interior boundary lines on a rectangularly
shaped 0.48-acre parcei located at the southwest corner of Ball Road and Dale Averue with frontages of
135 feet on the south side oi Ball Road and 125 feet on the west side of Dale Avenue, and further
described as 2800 West Ball Road (Thrifty O?I~; and does hereby approve the Negative Declaration upon
finding that the declaration reflects the 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 fir.ding on the basis of the initiai study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT FtESOLVED that the Anaheim City Planning Commission
does hereby deny subject Petition for Conditional Use Permit on the blasis of the aforementioned findings.
THE FOREGOING RESOLUTION w s op ed at t Planning Commission meeting of
March 15, 1999. I 1
_ . 7 /~ ~ I ~~ I /
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ATI'EST:
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SECRETARY, ANA EIM CITY PLANNING COMMISSION
S7ATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
I, Margarifa 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 held on March 15, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMi1AISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
n ~,~~n IN WI1'NESS WHEREOF, I have hereunto set my hand this ~~ day of
l~, 1999.
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l~ ~UtllR'itU'
SECRETARY, AHtii.1 CITY PLANNING COMMISSION
CR3541 PK.DOC -3- • PC99-42