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Resolution-PC 2000-142~ ~ RESOLUTION NO. PC2000-142 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-142 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 10 OF TRACT NO. 2903 AS PER MAP RECORDED IN BOOK 99 PAGES 21 TO 23, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 18, 2000 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 proposed 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 reports offered at said hearing, does find and determine the following facts; ~b 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.03.0~0 and 18.44.050.010 to permit the sale of beer and wine for on-premises consumption in conjunction with a fast-food sandwich shop and deli within a previously- approved convenience market. 2. That the proposed use is hereby denied on the basis of the public testimony, including that there are too many alcoholic beverage licenses in the area and that this is not an appropriate location or premises for the consumption of beer and wine. 3. That the proposed use would adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 4. That the size and shape of the site proposed for the use is not adequate to allow full development of the proposal 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. 5. That granting of this conditional use permit under any conditions would be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 6. That one person indicated their presence at the public hearing in opposition to the proposal; and that a petition was submitted containing 37 signatures in opposition to the proposal. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his authorized representative has determined t'hat the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental impact Report (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE 11f RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings. CR4976PK.doc -1- PC2000-142 ~ i ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 18, 2000. CHAIRPERSON, /~A1~'AI~IlVt CIT~LANNING C~IVIMISSION ATTEST: ~~~~ ~-~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, 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 December 18, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, VANDERBILT NOES: COMMISSIONERS: KOOS ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~`7 day of ~-~' , 2001. ~.~.~~~- SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2000-142