Resolution-PC 98-27RESOLUTION NO. PC98-27
A RESOLUTION OF THE ANAHEIM ClIY PLANNING COMMISSION
DENYING A REQUEST TQ AMEND CERTAIN CONDITIONS OF F,PPROVAL OF
RESOLUTION NO. PC88-240, AS AMENDED BY RESOLUTION NOS. PC91-22 AND PC96-65 AND
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3055
WHEREAS, on August 29, 1988, the Planning Commission adopted Resolution No.
PC88-240 Yo approve Conditional Use Permit No. 3055 and permit a 1,436 sq. ft. convenisnce market with
waiver of minimum rwmber of parking spaces (no take-out food ~vas permitted);
1NHEREAS, on February 11, 1991, Commission adopted Resolution No. PC91-22 to
amend said resolution to expand the convenience market to 1,772 sq. ft. and amend certain conditions
pertaining to development in accordance with revised exhibits; and that on July 8, 1996, Commission
adopted Resoluticn No. PC96-65 to further amend said resolution to allov~ take-out food service in the
convenience market;
WHEREAS, this property is developed with a 10-unit, 19,504 sq. ft. commercial retail
center, including subject business at 511 West Chapman Avenue ("Near Market"), in the CG (Commercial,
General) Zone;
WHEREAS, the petitioner has submitted a request to upgrade the current retail sales of
beer and wine for off-premises consumption to retail sales of alcoholic beverages for off-premises
consumption; and that no remodeling of the premises is proposed (1,056 sq. ft. is devoted Eo retail sales
and display area and 716 sq. ft. is used for a walk-in cooler, dry storage, office and restroom areas);
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 2, 1998, 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 proposecl amendment 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 ali 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 conditionai use permit is
authorized by the Zoning Code;
2. That the proposed use, as proposed to be amended, would adversely affect the
adjoining land uses and the growth and developr~ent of the area in which it is proposed to be Iocated
because the crime rate for the und~riying reporting area is 134% above the average for the City of
Anaheim;
3. That the size and shape of the site for the proposed use is not adequate to allow
full development of the proposed use in a manner not detrimental to the particular area nor 4o the peace,
health, safety, and general welfare because of the over-concentration of off-sale ABC licenses in the
underlying census tract (4 permitted, 5 existing);
CR3196PL.DOC -1- PC98-27
4. That the traffic generated by the proposed use would impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area;
5. That amending this conditional use permit would be detrimental to the peace,
health, safety and general welfare of the citizens of the City of Anaheim; and
6. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition ta the subject petition.
CALIFORNIA ENVIRONMENTAL ~UA~ITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previousiy approved in connection with Conditional Use Permit No. 3055 is adequate to serve as the
required environmental documentation in connection with this request ~pon finding that the declaration
reflects the independent judgment of the lead agency and that it i~as considered the previously approved
Negative 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 project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby deny the request to amend Resolution No. PC88-240, as amended by Resolution Nos. PC91-~2
and PC96-65 and adopted in connection wilh Conditional Use Permit No. 3055.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of ,
March 2,1998.
.~ ~d~.c~-~-~'~ ~rr~
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
AITEST: .,
SECRETAF2Y, ANF~I~EIM CITY PLANNING COMMISSION
V
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CIN OF ANAH~IM )
i, Margarita Solorio, 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 March 2, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: ONE SEAT
IN WITNESS WH~REOF, I have hereunto set my hand this 21 _ day of
~~ 1998.
SECRETARY, ANAHEIM CITY PLANNINC COMMISSION
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