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Resolution-PC 93-136$ESOLUTI ON _NO~C93.138 A RESOLUTION OF THE ANAHEIM CITY PIANNiNG COMWiISSION DENYINO THE REQUEST TO AMEND CERTAIN CONDITION~ OF APPROVAL uF CONDITIQNAL USE PERMIT N0. 3420 WWEREAS, on June 17,1991, tho Planning Commissfon granted Conditlonal Use Permh No. 3420 under Resolutiun No. PC91-87 permitting a cunvenlence market on property located at fhe northeaRt cornor of Katella Avenue and Bayless Street and turther descrlbed as 1523 West Ketolie Avenue; WHEREAS, subJect use permft was granted aubJect to the prohibRlon of the sele ot alcohollc beverages under Condition No. 4 of Resolution No. PC91-0T, which rea~$ as tollows: "4. Thet no alcoholic beveragoa shall be sold on the subJect property.' WHER~AS, the petitioner has requested to amend said corxiltlon of approval to permk th~ sale of alcoholic beverages wlthin the prevlouslyapproved convenience ma-ket. WHEREAS, tlie City Planning Commisslon did hald s public heering at tha Civic Conter In the Ci~j of Anahelm on December 13, t993, at 1:30 p.m., notice of sefd public heering havin~ bsen duly gfven as requlred by law and In accordance with the provislons of tho Anahelm Municlpal Code, Chepter t8.03, to hear and consider ev(denae tor and agc+inst seid proposecl amendmertt and to Irnreatlgate and make itndinps and rocommendatlons In connectton therewith; end WHEREA3, sald Cammission, after due fnapection, investlyation erul atudy mado by Iteeif and In ks bchalf, end aRer due cansideretlon of ali evidence and reports ofiered at satd hearing, dosa flnd and determine the followtng tacts: t. That the propoaed amendment tu the condttions of approvel weuld adveraely aHect tha adjofning lanci uses and the growth and developmont of the area in which k is proposed to be loceted because subJoct propeKy is located Immedietely ad~acent to severel single-femlly reafdencea to the noRh, a chlld day care center to the west and a church to the east; 2. That approval ot the propoaed amendment would be det-Imentel to the peece, hesith, sefety and flenerel welfare of tt~e cftizens ot the Ciry of Aneheim becauae the aale oi beer end wlne may encoura~o lofteriny and releted actNities wh(ch wauid be detrimentel to the aurroundinq area; end 3. That ona peraon Indicated hia presence at sak! publlc hearing opQaaitlon; end that fourteen (td) lottero were received in opposkion to the sub~act p~tftion. C~LFORNI~ENVIRONME AL ~UALITY ACT FlNDItJa: Thet the Anahefm City Planning Commission hea reviewed the proposel to amend CondRfon No. 4 ot Resolution No. PC91-97 to permit the aale of alcoholic beverages withfn the prevtouslyapproved cornentence markAt and does hereby flnd thet the NepatNe Oeclaration prevfously approved In connectfon wlth Corxlltl~ial Use ParmR N~. 3420 is edequate to aen~ as the requfred environmental dxumentatfon in c~nnectlon wkh this requset upon flndinp that the doclar~tlon ra0ecta the indeper~ent ~udpement oE tho laod apancy and that It hea conafdered the Nepative Decleratton toyether with any cammenta receh-ed du~ing the publlc revlew process ond turthor Nnding on the bnsis of the inRfal stu~y and any comments rec~alvad that there Is no subatantiel evidonco thct the proJect will have a slynHiceM eHect on th~e environment. CR 1967MS.wp -1. PC93-136 NOW, THEREFORE, BE IT HESOLVED that the Anah~im Ciry Plennlnq Commissipn doEa hereby dotermine that CandRl~n No. 4 of Resolution No. PC91-87 ahould remaln !r; eHeot, end thst :he request is therafore denied. THE FORE401NG RESOLUTION was adopted at the Plam~ing Commisston meeting of December 13, 1993. CHAIRMAN, N H IM CI'fY P NNIN(3 COMMISSION ATTEST: /$~ ETARY, ANAHE ~ ITY PLANNINCi COMMIS510N C~/ STATE OF CALIFORNIA ) COUNTY OF ARANGE ) ss. CITY OF ANAHEIM ) I, Janet L Jensen, Secrdtary of the Anahelm City Plenning Commisslon, do hereby certNy that the foregoing resolutlon was passed and adopted at a meeting oi tha Anahelm Cky Planning Commlasion held on DecambAr 13, 1993, by tha following vote of the members theteoi: AYES: COMMI3SIONEfiS: BOYL`STUN, HENNINQER, MAYER, ME33E, PERAZA, TAIT NOES: COMMISSIONER3: NONE ABSENT: COMMiSSI0N~R3: CALDWELL ,y IN WITNE3S WHEREOF, I heve hareunto aet my hand this~~ day n~~ 197q~. CAETARY, AN M CITY PLANNING COMMISSiON 'r~~ ~ ~~~ .2. PC93•138