PC 83-248~-.
RESOLUTION Np. PC83-248
A RESOLUTION OF THE ANAHEIM CITY PLANNINI; COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2522 BE DENIED
WHEREAS, the Anaheim City Planning Commission did ceceive a verified
Petition for Conditional Use Permit from MAHMOUD R. E. L. KANAWEY, 26371 Avezy
Parkway, Mission Viejo, California 92692, owner of certain real propezty
situated in the City of Anaheim, County of Orange, State of Califoznia,
described as:
THAT PORTION OF LOT 5 OF THE STOCKWELL SUBDIVISION, AS PER
MAP RECORDED IN BOOK 6~ PAGE 10 OF MISCELLANEOUS MAPS~ IN
THE OFFICE OF THE COUNTY P.ECORDER OF SAID COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTfiEA,riT CORNER OF SAID LOT 5~ IN THE
CENTER OF RAYMOND AVENUE; THENCE NORTH 119.02 FEET ALONG THE
EAST LINE OF SAID LOT 5 AND THE CENTER OF RAYMOND AVENUE, TU
THE TRUE POINT OF BEGINNING; THENCE FARALLEL WITH THE SOUTH
LINE OF SAID LOT 5 NORTH 88° 52' 20" WEST 195.0~ FEET;
THENCE NORTH 180.68 FEET TO THE SOUTHERLY LINE OF SAID LAND
DESCRIBED AS PARCEL 1 IN A DEED TO CARL HERMAN WISE, FSL~D
APRIL 26, 1g¢g AS DOCUMENT NO. 17899 IN THE OFFICE UF THE
REGISTRAR OF TITLES SN THE OFFICE OF SAID COU4:TY RECORDER;
THENCE SOUTH 8fi° 33' 54" EAST 195.06 FEET ALONG SAID
SOUTHERLY LINE TO THE EASTERLY LINE OF SAID LOT 5 AND THE
CENTER LINE OF RAYMOND AVENUE; THENCE SOUTH 179.64 FEET TO
THE TRUE POINT OF BEGINNING.
WHEREAS, the City Plannin9 Commission did hold a public hearing at
the Civic Centez in the City of Anaheim on December 28, 1983 at 1:30 p.m.,
notice of said public heazing having been duly given as required by law and in
accozdance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to heaz and considec evidence foz and aga±nst said ptoposed 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 ~eports offeced at said heazing, does find and detezmine the
following facts:
1. That the proposed use is proper.ly one for which a conditional
use pezmit is authorized by Anaheim Municipal Code Section 18.03.030.010 to
wit: to permit a convenience market with off-sale beer and wine, and gasoline
sales.
2. That the proposed use w~ll adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be
located, due to the proposed off-sale beer and wine.
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PC83-248
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3. That the size and shape of the site proposed fot the use is not
adequate to allow the full development of the proposed use 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.
a, That the granting of the Conditional Use Permit under Ehe
conditions imposed, if any, will be detrimental to the peace, health, safety
and general welfare of the Citizens of the City of Anaheim.
5. That the traffic generated by the proposed use wi~l impose an
undue burden upon the streets and highways designed and improved to carry the
traffic in the area.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the
subject petition.
ENVIRONMENTAL IMPACT FINDING: That tae Anaheim City Planning
Commission has reviewed the proposal to permit a convenience market with
off-sale beer and wine and gasoline sales on a rectangularly-shaped parcel of
land coasisting of approximately 0.64 acre located at the northwest corner of
Balsam Avenue and East Street; and does hereby approve the Negative
Declaration upon finding that it has considered the Negative Declaration
toyether with any comments received during the public review process and
further finding on the basis of the initial study and any comments r?ceived
that there is no substantial evidence that the project will have a significan~
effect on the environment.
NOW, THEREFORE, BE I'P 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 is signed and approved by me this 28th day
of December, 1983. /
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CHAIRWOMAI3 ANAHE3M CITY PLANNING COMMISSION
ATTEST:
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SECRETARY~ ANAHEIP] CITY PLANNING COMMISSION
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PC83-248
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secr.etary of the Anaheim City Planning
Commission, do hereby certify that the foreqoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on December
28, 1983, by the following vo~e of the members thereof:
AYES: COMMISSIONERS: BOUAS~ BUSHORE~ FRY, KING, LA CLAIRE,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HERSST, MC BURNEY
TN WITNESS WHEREOF, I have hereunto set my hand this 28th day of
December, 1983.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC83-248