Resolution-PC 98-143RESOLUTION NO P qR idq
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING A REQUEST TO AMEND CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 96R-148 ADOPTED IN CONNECTION WITH
CONDITIONAL U5E PERMIT NO. 3841
WHEREAS, on August 20, 1996, the Anaheim City Council adopted Resolution No. 96R-
148 approving Conditional Use Permit No, 3841, (n part, to permit a gasoiine service statfon and
convenience market) with no saie of beer or wine for off-premises consumption, and with waivers of
minimum number of parking spaces and minimum landscap(ng adjacent to interior boundary lines on
property located at the southeast comer of Ball Road and Br~okhurst Street (2180 West Bali Road); and
that Condition No. 13 of sald resolution specifies that the sale of beer and wine for off-premises
consumption shall be prohibited; and
convenience ma ket (M ti e Ser vice Sta it on) n the CL (Commerc aleLimited)a one?thasthe Anaheim
General Plan Land Use Element designation for this property is General Commercial; that the property is
also located in the West Anaheim Commerciai Conidors Redevelopment Area and fn the proposed
Brookhurst Overlay Area currently under study by the Cammunity Development Departmenh, and
WHEREAS, the petitioner requests that this conditional use permit be amended under .
authority of Code Sections 18.44.050.070, 18.44.050.i90 and 18.87.023.020 to permit the retail sale of
beer and wine for aff-premises consumption in conJunction with the previously-approved service station
and convenience market, thereby necessitating the deletion or amendment of Condition No. 13 of
Resolution No. 96R 148; and
WHEREAS, the City Plannfng Commission did hold a public hearing at the Civlc Center in
the City of Anaheim on September 14, 1998, at 1:3Q p.m., notice of said public hearing having been duly
given as required by law and in accordance with the prov(sions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against sald proaosed amendment and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said ~ommission, after due inspection, investigation and study mado 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 conditfonal use permit is authorized by the
Zoning Cude.
2• That the proposed use will adversely affect lhe adjoining land us~s and lhe growth and
development of the area in which it (s proposed to be located because subject property (s located within a
Police Department reporting district that has a crime rate 21 % above the City average; and lhat ihe retail
sale of beer and wine would not be consistent with the goals of the West Anaheim Commercial Corridors
Redevelopment Plan.
3. That the size and shape of the site for the proposed use (s not adequate to allow full development
of the proposed use in a manner not detrimental to the particuiar area nor to the peace, healih, safety and
general welfare.
Ct~3430pk.Doc -1- PC98-1Q3
4. That the tra~c generated by the proposed use will impose an undue burden upon the streets and
highways designed and improved to carry the tra~c in the area. ~
5. That no one indicated their presence at the public hearing in opposition to this proposal; and that
no correspondenr,e was receivad in opposition.
CALIFORNIA EtJVIRONMENTAL QU~LITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposai and does hereby approve the Negative Declaration upon
previously approved in connection wlth Conditional Use Permit No. 3841 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reFlects the independent judgment of the lead agency and that it iias consi~ered the previously approved
Negativ~ Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence
that the projecf will have significant effect on the environment.
NnW, THEREFORE, BE IT RESOLVED that the
does hereby deny subject Petition tc amend Conditional Use Pen
aforementioned findings. ~, ~-~ /
THE FOREGOING
September 14, 1998.
ATTEST:
~'12ho ' ~~4~0~
SECRETARY NAHEIM ClTY PLAI~JNING COMMiSSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
im City Planning Commission
3841, on the basis of the
Commission meeting of
I, Margarita Soiorio, 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 September 14, 1998, by the following vote of the members thereof:
AYE.''i: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this of %~' day of
_,y~~~~~.~_, 1998.
lLlZ d~fcce~
SECRETARY, AHEIM CITY PIANNING GONMISSION
-2- PC38-143