Resolution-PC 2003-16•
RESOLUTION NO. PC2003-16
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04651 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, A COPY OF WHICH IS SHOWN IN
BOOK 3, PAGES 162 TO 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS," IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF CENTER STREET, AS SHOWN
ON SAID MAP DISTANT NORTH 74° 37' 25" EAST 770.13 FEET FROM THE
INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF EAST STREET,
AS SHOWN ON SAID MAP; THENCE NORTH 74° 37' 25" EAST ALONG CENTERLINE
OF CENTER STREET, 180.00 FEET; THENCE NORTH 15° 24' 15" WEST PARALLEL
WITH SAID CENTER~INE OF EAST STREET; 480.00 FEET TO THE SOUTHERLY
LINE OF THE LAND DESCRIBED IN A DEED TO ZION EVANGELICAL LUTHERAN
CHURCH OF ANAHEIM, RECORDED JUNE 30, 1961 IN BOOK 5770, PAGE 813 OF
OFFICIAL F~EC~I~DS; THEIVCESOUTH 74° 3T 25" WEST AtONG SAtD ~QtiT~ER~Y
LINE OF THE LAND OF ZION EVANGELICAL LUTHERAN CHURCH, 180.00 FEET TO
A LINE PARALLEL WITH SAID CENTERLINE OF EAST STREET AND PASSES
THROUGH THE POINT OF BEGINNING; THENCE SOUTH 15° 24' 15" EAST ALONG
SAID PARALLEL LINE 480.00 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 27, 2003 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
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 Sections 18.44.050.193 and 18.44.050.195 to wit: to permit the retail sale of
beer and wine for off-premises consumption at an existing convenience market.
2. That the existing nonconforming convenience market (Momma's Mini Mart at 1287-A
East Lincoln Avenue) in which the retail sale of beer and wine is proposed is located in a commercial
retail center where the adjoining land uses consist of apartments to the east and west, and a church to
the north.
3. That the proposed use is hereby denied because the 114% crime rate in the underlying
Reporting District is above the average for the City of Anaheim; that reporting districts to the north, east
and west also have crime rates above the city-wide average; and that establishing an additional alcoholic
beverage outlet would be detrimental to the peace, health and general welfare of the citizen's of Anaheim.
4. That the proposed use, if approved, would adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located.
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5. 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.
6. That one person spoke 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 RESOLUTION was adopted at the Planning Commission meeting of
January 27, 2003.
~e
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTE3~:
~ /~toa~.~a
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning
Commission held on January 27, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN
NOES: COMMISSIONERS: VANDERBILT
ABSENT: COMMISSIONERS: BOYDSTUN, KOOS, ROMERO
~ IN WITNESS WHEREOF, I have hereunto set my hand this ozs T"L day of
r ~ , 2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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