Resolution-PC 2002-27~
RESOLUTION NO. PC2002-27
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04513 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 Orange, State
of California, described as:
PARCEL 1: THAT PORTION OF LOT 4 OF ANAHEIM EXTENSION, AS
SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL AND FILED IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, A COPY OF WHICH IS SHOWN IN BOOK PAGE 163 ET.SEQ.
ENTITLED "LOS ANGELES COUNTY MAPS" IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS
BEGINNING AT A POINT ON THE CENTERLINE OF CENTER STREET,
NORTH 74 37' 25" EAST 770.13 FEET FROM THE CENTERLINE OF EAST
STREET, AS SAID STREETS ARE SHOWN ON SAID MAP; THENCE NORTH
74 37' 25" EAST 180.00 FEET ALONG SAID CENTERLINE OF CENTER
STREET; THENCE NORTH 15 24' 15° WEST 480.00 FEET PARALLEL WITH
SAID CENTERLINE OF EAST STREET TO THE SOUTH LINE OF THE LAND
DESCRIBED IN THE DEED TO ZION EVANGELICAL LUTHERAN CHURCH
OF ANAHEIM; RECORDED JUNE 30, 1961, IN BOOK 5770 PAGE 813 OF
OFFICIAL RECORDS; THENCE SOUTH 74 3T 25" WEST 180.00 FEET
ALONG SAID SOUTH LINE TO A LINE PARALLEL WITH SAID CENTERLINE
OF EAST STREET WHICH PASSES THROUGH THE POINT OF BEGINNING;
THENCE SOUTH 15 24' 15" EAST 480.00 FEET ALONG SAID PARALLEL
LINE TO THE POINT OF BEGINNING. SAID LAND IS INCLUDED WITHIN
THE AREA SHOWN ON A MAP IN BOOK 28 PAGE 22 OF RECORD OF
SURVEYS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 25, 2002 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 against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued from the February 11, 2002 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. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.195 to permit the retail sale of alcoholic beverages for off-
premises consumption within an existing legal nonconforming convenience market.
2. That the proposed use is hereby denied on the basis that such 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 the underlying Reporting District has a crime rate which is 134% above the average for the City
of Anaheim.
3. That the size and shape of the site proposed for 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.
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4. That granting of this conditional use permit would be detrimentai to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim because of the combination of off-
premises sale of alcoholic beverages and the existing high crime rate, and this property's proximity to
residential neighborhoods and an elementary school.
5. 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.
6. That one person spoke at the public hearing in favor of the proposal; and that the
applicant submitted 7 letters and a petition with 110 signatures in favor of the proposal, with one letter
containing 8 signatures and another letter containing 9 signatures.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
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 R~SOI~UTIQN was adopted at the Planning Commission meeting of
February 25, 2002.
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CHAIRPER N, ANAHEIM CIT LANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 February 25, 2002, by the following vote of the members thereof:
AYES: COMMISSiONERS: ARiVOLD, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, BOYDSTUN, VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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