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Resolution-PC 99-44RESOLUTION NO. h''C99-44 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4104 BE DENIED Wf-IEREAS, the Anaheim Ciry Planning Commission did receive a verified Petition fcr Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 A SHOWN ON A MAP FILED IN BOOK 43, PAGE 8 OF PARCEL MAPS IN TI-IE 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 du(y given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidance for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection there~vith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and aHer due consideration 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 Anaheim Municipal Code Sections 18.87.023.020 and 18.110.050.0523 to convert an existing 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 of the following: (a) Sections 18.02.058.014 - Continuation of nonconformina billboards. and 1 L.05.050 (While a nonconforming use exists on any lot, additional uses are prohibited; two existing nonconforming biliboards are proposed to be retained in connection with a service station modification that includes a proposed convenience market) (b) Sections 18.41.063.010 - Minimum landscaoed setback adjacent to an arterial hiahwav. and 18.110.100.090 (10 feet required along La Palma Avenue and Kraemer Boulevard; 3 to 5 feet proposed) 2. That this proposal was originally advertised to aiso establish conformity with current Zoning land use requirements for the existing service station under Code Section 18.110.100.050.0523, but it was subsequently determined that the service station was established and operating under Conditional Use Permit No. 3568, granted in 1993. 3. That the underlying property is located in Development Area 5(Comi:~ercial Area) of the Northeast Area Specific Plan (SP 94-1). 4. That waivers (a) and (b), continuation of non-conforming billboards and minimum landscaped se!back adjacent to an arterial highway, are hereby denied on the basis that there are no special circumstances or id~ntified hardships affecting this property which wouid warrant granting the requested waivers; and, furthermore, granting these waivers would result in a special privilege being granted which would allow this property to enjoy development rights that are not shared by other similar corner commercial lots in the Northeast Area Specific Plan and elsewhere in the City. CR3583PK.DOC -1- PC99-44 5. That the submitted plans do not demonstrate an attempt to provide a quality service station building with enhanced architect~re in compliance with the goals and objectives of the ,Project Alpha Northeast Redevelopment Area. 6. That the Community Development Department recommended deniai of the retail sales of alcoholic beverages for off-premises consumption based on incompatibility with the goals of the Project Alpha Northeast Redeveiopment Area. 7. That the project, as proposed, would adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 8. That the proposed use would adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 9. That the size and shape of the site proposed ior the use is not adequate to allow full development of the proposal 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. 10. That granting this conditional use permit would be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 11. That :he traffic generated by ttie proposed use would impose an undue burden upon the streets and highways designed and improved to carry the tra~c in the area. 12. That no one indicated their presence at the public hearing in opposition to the proposal, but that two letters were received in opposition. CALIFORNIA ENVIRONMEIVTAL QUALIIY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposa: to convert an existing automotive repaidcashier building at an existirg service station into a convenience market with retail sa(es of beer and wine for off-premises consumption and to retain the gasoline sales and with waivers of continuation of nonconforming biliboards and minimum Iandscaped setbacks adjacent to arterial highways on a 0.51-acre rectangularly-shaped parcel located at the northeast corner of La Palma Avenue and Kraemer Boulevard with frontages of 125 feet on the north side of La Palma Avenue and 125 feet on the east side of Kraemer Boulevard, and further described as 3101 East La Palma Avenue (Arco Service Station); and does hereby approve the Negative Declaratinn upon finding that lhe 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 revi~w process and further finding on the basis of the initia! 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 RESOLVED that the An' heim Ciry Planning Commission does hereby deny subject Petition for Conditional Use Permit on the~asis of the aforementioned findings. THE FOREGOING RESOLUTION March 15 1999. at th~ Planning Commission meeting of ATTEST: `\~ (~a~ ~~ SECRETA , ANAHEIM CITY PLANNING COMMISSION NG CR3583PK.DOC -2- PC99-44 STATE OF CALIFORNIA ) COUNTY OF OFtANGE ) 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 held on March 15, 1999, by ihe fcllowing vote of the members thereof: AYES: COMMISSiONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WILLIAMS ~~,,,A IN WITNESS WHEREOF, I have hereunto set my hand this I-~ day of l~ , 1999. T ` ~~~~ ~~ , SECRETARY, NAHEIM CITY PLANNING COMMISSION CR3583PK.DOC -3- PC99-44