PC 78-32~
RESOLUTIOM N0. PC78-32
A RESOLUTION OF THE A)IAHE~M CITY PLANNINf, COMMISSIOPI
TH(T PE7ITION FOR COHDITIONAL USE PEP.MIT NQ. 1?02 BE DENIED
WHEREAS, the Anaheim Ci[y Planning Commission did receive a verified
Petition for Conditional Use Permit fran AMIL SHAB, 521 North Lemon Street,Anaheim,
Catifornia, 92305, owner, and E. 4!. A. P., INC., 21~37 Superior Street, Chatsrmrth,
California 91311, agc ~ of certain rcat property situated in the Ci[y of Anaheim,
County of Oran9e, Stat~ of Caii`crnia, descri6ed as:
LOT 11 IW BLOCY, ~'B~~ OF THE CE~~TER TP.ALT, IN TNE CITY OF arIAHEI!1,
COUNTY OF ORl1NGE, ST.4T: OF CALIFORt11A, AS PER MAP RECORDE~ iN B~~K
14 PAGE i; OF MISCELLP,NE0115 RECORDS OF LOS AtlGELES LOUtITY,
CALIFORNIA.
41HEREAS, [hc Ci[y Pl~nning Conunission did hold a public hearing at thc City
Nall in the City nf Analiein on Fehruary 13, 197~. at 1:30 p.m., notice of said public
hearing havin~ 5een duly given as required hy laor and in accordance with the
provisions of the Anahein Municipal Lode, Chapter 13,nj, to hear and consider
evidence for and against said pr~posed conditi~nal use anri to inves[iqate and make
findin9s and recommend~tions i~ connection therewith; ~nd
WHE~EAS, said Ca7mission, after duc inspection, invcsticatio~ ~nd study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at s~id hearin9, does find and deternine the folinwinn facts:
~, That the proposed use is properly one for s•:hich a ~onditional use
Permit is authorized by Anaheim Munic.ipal Cocle Section iB.45.e5~•~~~~ tO Wjt~ to
Permit an adult book store with a oraiver of:
SECTI01! 18.o6.oG0.022 - t1inimum number of arkinn spaces.
il spaces required; 2 spaces proposed)
Z, That the proposed use is hereby denied on the basis that it will
adversely affect the adJoining and nearby land uses which inctude a youth center, an
elementary school, churches, a pre-school, a nursing home, a home for elderly, an
activity building for senior citizens and residences; and that the surrounding ~rea
currently has t~.b adult bookstores and an adult movie theater and an additional
bu~iness of this type would no[ be in thc best interest of the citizens of Anaheim.
3, That the oroposed use wiil adversely affect the growth and development
of the area in which it is proposed to be located.
q, That the proposed waiver is hereby denied on the basis that the number
of on-site parking spaces provided are inadeaua[e for the use proposed and that
testimony presented at the public hearing indica*.ed [hat off-site parking spaces
which were previously available and were approximately 230 feet northeast of subject
property are no longer available for public parking purposes.
5, That the size and shape of the site proposed for the use is not
adequate to allow the full development of the proposed use in a manncr not
Pt78-32
y
detrimenta) to the particular are~ nor to the peace, health, safety, and general
welfare of the Citizens of the City of Anaheim.
6, That the granting of the Conditiona) Use Permit will be detrimental to
the peace, health, safety and ge~eral i-relfare of the Citizens of the City uf Anaheim.
~, Th~t 5 persons indicated their presence at said public hearing in
opposition.
ENVIRONMENTAL IMPACT FIIJDINS: The Planning Director o~ his authorized
representative has determ ne that the proposed proJect falls a~ithin the definition
of Categorical Exemptions, Class 1, as defined in Paragraph 2 of the City nf Anaheim
Environmen[al Impact Report Guidelines and is, therefore, categorically exempt from
the requirem~nt to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVEO that the Anahcim City Planning Commission
does hereby denY subject Petition for Conditional Use Permit on the basis of the
aforementioned flndings.
TNE FOREGOING RESOLUT10~1 is signed and approved ty me this 13th day of
February, 197g•
~ ~ "
C'~u~:~~li '~~ ` ~ i/L----
CNAIP~~ANE~'~ CITY PL~~~~~tiG C04HISSION
ATTf_ST:
`('~ ~ ~Xt2it-t<.:.
SECP,ETARY, al~~M LITY PLANNI4G COMMISSIO~J
STATE OF CALIFORNIA )
CoUMTY OF ORAr~r,E ) ss.
C ITY qF qNAHE 111 )
~~ Edith L. Harris, Secretary of the Anaheim Lity Planning Lrnanission, de
hereby certify that the foregoing resolution was passed ~nd adopted at a meeting of
the Anahelm Ctty Planning Commission held on Fehruary ~3~ 1Q7R, at 1:30 p.m., by the
rollowing vote of the members thereof:
AYES: CO"1MISSIONERS: BARNES, DAVID, NERBST, JOHtJSON, LINN, TQLAR
NOES: COMMISSIONERS: NONE
ABSEMT: COM1115510NER5: KING
IN WITNESS IdHEREO~, I have hereunto set my hand this 13th day of February,
~9~a,
~ ~;~ .~° 2~~~-
SECR~TARY, AtiAHEIM CITY PLANr11N~ LOMMI55ION
-2- PC78-32