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99-078RESOLUTION NO. 99R-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 4103. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit an existing service station and to convert an existing accessory auto repair/cashier building into a convenience market with retail sale of beer and wine for off-premises consumption, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE EASTERLY 130.00 FEET OF THAT PORTION OF VINEYARD LOT H-l, AS PER MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT H-l, 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 SAID EAST STREET TO THE 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 SOUTHERLY LINE OF SAID LAND OF E.D. JOHNSON AND COMPANY TO THE EASTERLY LINE OF LAND DESCRIBED IN A DEED TO THE CITY OF ANAHEIM, RECORDED 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-i, THENCE NORTH 74 DEG. 21' 04" EAST 331.14 FEET TO THE POINT OF BEGINNING; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC-99-38 Conditional Use Permit No. 4103; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council finds, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council, that all of the conditions and criteria set forth in Section 18.03.030.030 of the Anaheim Municipal Code are not present for the following reasons: 1. 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 because: (a) The proposal would add new uses to an existing nonconforming gasoline service station which additional uses are not permitted so long as the nonconforming use remains on the property; (b) Denial of the proposed application would permit the existing gasoline service station to continue in operation as a legal nonconforming use but prohibit the proposed convenience market and retail sale of beer and wine uses; (c) The proposed new convenience market and beer and wine sales would be detrimental to the nearby residential uses due to the additional noise, vehicular traffic and debris which such uses would cause; and (d) The proposed convenience market and retail sale of beer and wine for off-premises consumption is not compatible with the residential uses in the area and would intensify a commercial land use in an area which is primarily residential and industrial; and 2. That the traffic generated by the proposed use will impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area for the reasons set forth in Paragraphs l(c) and l(d) above. 3. That the denying of the conditional use permit would be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim froth the reasons set forth in Paragraph 1, subparagraphs (a), (b), (c) and (d) above. WHEREAS, said application requests waivers of the following provisions of the Anaheim Municipal Code: (a) Sections 18.61.063.011 - Minimum landscaped setback adjacent to an arterial highway. 18.87.030.040 (10-foot fully landscaped 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. (1,200 s~.ft. required for a convenience market with off-sale beer and wine; 1,125 square feet proposed) WHEREAS, the City Council does find, after careful consideration of the action of the Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waivers, that all of the conditions of Section 18.03.040.030 of the Anaheim Municipal Code are not present, and that said waivers should be denied, for the following reasons: 1. That there are no special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity because there is no irregular configuration of this property, and no special circumstances applicable to the property such as size, shape, topography, location or surroundings to justify this proposed waiver. 2. That strict application of the zoning code does not deprive the property of privileges enjoyed by other property under identical zoning classification in the vicinity because this site is adequate in size, shape, topography to construct a 75 square foot (or larger) addition which would bring the total square foot (or larger) addition which would bring the total square footage into conformance with current Code requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, affirmed for the reasons hereinabove specified, and that the request to permit an existing service station and to convert an existing accessory auto repair/cashier building into a convenience market with retail sale of beer and wine for off- premises consumption on the hereinabove described real property with waivers of the aforesaid provisions of the Anaheim Municipal Code be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by the provisions of Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of April, 1999. MAYOR OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 30755.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-78 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 6th day of April 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: Kring ABSENT:/A~ST~.I~I= MAYOR/COUNCIL MEMBERS: Tait AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 99R-78 on the 6th day of April, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 6th day of April, 1999. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-78 was duly passed and adopted by the City Council of the City of Anaheim on April 6th 1999. CITY CLERK OF THE CITY OF ANAHEIM