PC 85-34RESOLUTiUN N0. PC85-34
A RESOLUTION OF THE ANAHEIM CITY PLANDIING COMMISSION
THAT PETITION FOR CONDITIONAL USE PFRMIT NO. 2652 BE DENIED
WHEREAS, the Anaheim City P].anning Commission did receive a verified
Petition for Conditional Use Permit from SHIRAN A, DAMANI, ET AL., 1200 kest
Cerritos Avenue, Anaheim, California 92802, owner of certain real property
situated in the City of Anaheim, County of Orange, State of California,
de~cribed as:
LOTS 2 AND 3 OF TRACT 110. 1647~ IN THE CITY OF ANAHEIM,
COUNTY OL•' ORANGE~ STATE OF CALIFORNIA~ AS PER MAP RECORDED
IN BOOK 67 PAGES 10 TO 13 INCLUSIVE OF MISCELI,ANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RGCORDER OF SAID COUNTY.
WHEREAS, the City planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on January 7, 19E5 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 16.03,
to hear and consider evidence .for and against said proposed conditional use
permit an9 to inveytiyate and make findinos and recommendations in connectioii
therec:ith; said public hearing having been continued to the Planning
Commission meeting of February 4, ?985; and
WHF.REAS, said Commission, after due inspection, irvestigation and
study made bY itself and in its behalf, and after due consideration of all
evidence and reaorts offered at said hearing, ooes find and determine the
follou~.ng i-acts:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal. Code Section 18.03.030.010 to
wit; to permit a conveni.ence marF:et with off-sale beer and wine in the RM-11.00
(Residential, Multiple-Fami.ly) 2one.
Z. That the proposed use, to expand an existing convenience market
bY allowing off-sale beer and wine i.s hereby denied on the basis that there is
sui[icient e.~idence to prove that the existing convenience market, without the
sale of beer and wine, hae been operated in a manner that is detrimental to
~he area and nearby citizens, that the original conditions of approval were
not complied with, and that numerous notices of violations and citations were
issued by the Code Enforcement Officers pertaining to clearing the property of
Fublic nuisances (trash, graffiti, etc.).
3. That the proposed use will adversely affect the adjoining land
uses ar.d the growth and development of the araa 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 the full davelopment of the peoposed use in a manner not
detrimental to the pactic~:_ar area nor to the peace, health, safety and
general welfare of the Citizens of the City of Anaheim.
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5. That the granting of ~he Conditional Use Permit will be
detri.mental t~ the peace, health, safety and general welfare oF the Citizens
of the City of Anaheim.
6. That the traffic generated by the proposed use will impose an
undue burden upon the stceets and highways designed and impcoved to carry the
traffic in the area.
7. 4'hat six persons indicated their pcesence at said public hearing
in opposition; and that e peY.ition containing approximately 468 signatures was
received in opposition to the subject petition.
ENVIRONMENTAL IMPAC~pING: That the Anaheim C'
Commission has reviewed the ltY P~~nning
off-~ proposal to permit a convenience market• with
ale beer and wine in the RM-1200 (Residential, Multiple-Family) Zone on a
rectangularly-st~aped parcel of land consisting of approximately 0,3 acre
lucated at the southwest corner of Cerritos Avenue and Walnut Street, and
further d?scribed as 1200 West Cerritos Avenue; and does hereby approve the
Ne9ative Declaratzon upon finding that it has considered the Negative
Declarakion together witn 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 ~ubstantial evidence that the ~roject wi11 have a
519nificant effect on the environment.
NUW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby deny subject Petition for Conditional Use Permit, on
the Sasis of the aforementioned findings.
THE FOREGOING RESOLUTION is signed and approved by me this 4th day of
Februa:;•, 1985.
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C~FAIRMAN, ANAHE M TY PLANNING COMMISSION
ATTEST: ---
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SECRETARY, ANAHEIM rlmy p~~~~r.it1~ ~GMh(iSSION
STATE OF CALIFORNTA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHE.iM )
I, Edith L. .yarris, Secretary of the Anaheim City Planning
~ommission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Plann?ng Commission held on Februarv
4~ 1985, b,y the following vote of the members thereof: '
AYES; COMMISSIONERS: BOUAS~ BUSHORE~ FRY~ HERBST~ KING~ LA CLAIRE~
MC DURNEY
NOES: COMMISSIONERS: NONE
ABSENT; COMMISSIONERS: NONE
IN WZTNESS WHEREOF, I have hereunto set my hand this 4th day of
February, ].985:
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n SECB~TARY~ ANAHBIM CITY PLANNING C061MISSION
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