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Resolution-PC 92-55,~,~SO~,i1T10N NO. ~'C:92-55 A RESOLUTION OF THL ANAHEIM CITY PLANNdNG COMMISSION DENYING TH~ REQU~ST TO A1VIEND THE C;ONDITI~JNS OF APFROVAL TN CONNECT'IUN WITH CONDITIONAL USE PERMIT NO~. 3081 AI+1D 342U WHEREA~, on October 10, 198a, the Anaheim City Planning Commission approvcd Conditional Use Permit Na 3081 under Resolution No. PGE8-303 to permit a 6-unit, 7,1b0 sq. ft. commerci~.l retail center with waiver of maxin~um stnictural height; WHEREAS, Resalution No. PC88-303 adopted in conjunction with said use permit includes thc following condition: "13. That the hours ~f operation shall be limited to 9:00 a.m, to 7:00 p.m:' WHEREAS, on June 17, 1991 Conditional Use Pernnit No. 3081 w~s readvertised to consider amending said condition. The request w:~s granted by tlie Planning Comnussion under Resolution P1o. PC91-88 with Condition No. 13 being ~me.nded to read as follows: "13. That the hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. pluc one (1) additianal hour (until 10:U0 p:m.) for employees to .,iose-up and leave the premises:' WHEREAS, the petitioner now requests amendment to said Condition Nu. 13 to expand the permitted hoiirs of nperation to 7:00 a.m. to 10:00 ~.m. WHEREAS, ~n June 17, 1991 the Anahei.m City Planning Commission apE~roved Conditional tlse Permit No. 3420 under Resolution No. pC91-87 to permit a conveniecice market; anc~ WHEREAS, Resolution No. PC91-87 adopted ir- conjunction with said permit includes the foll~wing conciition: "4. That no alcoholic beverages shall be sold on the subject property." WHEREAS, the petitioner fiirther reyuests that said Condition No. ~ be deIeted in its eutirety to permit ~ff-sale beer and wine sal.^s at the subject property. WI-iEREAS, t}~e City Planning Commiasion did hold a public hearing at thc Civic (~enter in the City ef Anaheim on Aprii 20, ?992, at 1:30 ~.m., notice of said CR1480MS.wp -1- PC92-SS public hearing having been duly givcn as required by luW and in accordance with the pro~7sions of the Anaheim Municipal Code, Chapter 18.U3, to hear and consider evidence for and against said proposed amendment and ta investigate and make ~ndings and recommcndations in connection therewith; and WHEREAS, saici Commission, after due inspection, invescigation and study made by itself and in its behalf, and lfter due consideration of all evidence and repoxts offered at said ~iearing, does finc: and determine the following facts: 1. That subject property is located immediately ~djacent to several single- family residences to t'r~c north and a church to the east. Aased on the s~..rounding land uses, it is likely that ~xpanded hours of operation and the sale of beer and wine woulsi encourage loiterir.g and related a~:tivities which may be ~.etrimental to the surrounding area . 2. That the proposed amendments. if approved, wauld adversely affect the adjoiriing land uses and the growth and development of the surrounding area; 3. That ths traffic generated by the proposed amendments, if approved, would impose an undue burden upon the streets ~nd highways designed and improved to carry the traffic in the area; 4. That amending the conciitional use permit, as proposed, would be detrimental to the peace, health9 safety and general welfare of t~e citizens of the City af Anaheim; and 5. That two (2) peaple indicatcd their presence at said public hearing in opposition; and that correspondence was received in appusition to the subject petition. ,~ALYFORNIA EPJVIRONMENTAL LIALITX A~LFIN~LG: '~at th~ Anaheicn City Plaruling Commissian has revieweci the proposal to amend certain coaditians of approval pertaining ta germitted hours of operation a.nd sales of alcaholic beverages within a previously-approvecl retail center and convenience market and does hereby find that the Negative Declaration previously approved in connection with Conditianal Use Permit Nos. 3081 and 3420 is adequate to serve as the required environm°ntal documentation in connection with this request. NAW, THEREFORE, BE fT RES(~LV~I) that the Anaheim City P~anning Commission does hereUy determine that Condition 1Vo. ~3 ~f Resoluti~n No. PCyI-SS and Conditiou No. 4 of Resoluiion No. PG'91-87 shall remain in effect as previously approvecl, and that tha requcst is therefore denied. .Z. PC9'l-SS THE FOREGOING RESOLU'd'YUN was ndopted at t.he Planning Connmission meeting of April 20, 1992. , ~~ ~~.- ANAHEIM' TTX ~~.AN ING COhiMISSION CH MAN, ATTE5T: ,.lL~ ~~fG~D7 SEC~ETA 'Y, A~-IEI1~1 CI'I'Y PLANNING COhIMISSION STA'I'F OF CALIFOitNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Plarcnin~ Commi~sxon, do hereby certif~ that the foregoing resolution wa5 passed and adopted at a mee:ing of the Anaheirn City Planning Commission held on April 20, 1992, by the following vote of the membe:s thereaf: AYES: COMIV[ISSIONERS: BOUAS, BRIST01.~ I-IELLYER, HBNNIP:GBR, MESSE, PFRAZA,ZEMEL NOES: COMMISSIC~NERS: NONE ABS~NT: CGMMISSIONER5: NONE IN WITNESS WHEREOF, d have hereunto set my nand this _(~~ day of , 1992. L~t~ K-C'D- - SFCRET Y AHEIM CITY I'LANNING COMNiISSION ,, . _3_ P~C92-SS