Resolution-PC 98-125RESOLUTION NO. PC98-125
A RESOLUTION OF THE ANAHEIM CI'fY PLANNING COMMISSION
DENYlNG A REQUEST TO AMEND (;ERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC97-42 ADOP'fED IN CONNECTION WITH
CONDITIONAL USE PERMIT 3921
WHEREAS, on April 28, 1997, the Planning Commission adopted Resolution No. PC97-
42 approving Conditional Use PermiY No. 3921, in part, to permit a 2,200 sq. ft. convenience market with
retail sales of alcoholic beverages for off-premises consumption at 1112 North Brookhurst Street; and
that the off-premises sale of alcoholic beverages will expire on April 28, 1999; and that said resolution
includes the following condition:
"9. That the business liours of the subject business shall be limited to 8 a.m. to 11 p.m:'
WHEREAS, this property is developed with a 9,860 sq. ft. commercial retail center in the
CL (Commercial, Limited) Zone; .that the Anaheim General Pl.:,n Land Use Element designates the
property for Commercial Professional land uses; and that t.he property is located in Community Planning
Area No. 1 and the West Anaheim Commercial Corridor Redevelopment Project Area; and
WHEREAS, the petitioner requests amendment or deletion of Condition No. 9 of
Resolution No. PC97-42 pertaining to the hours of operation; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 17, 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 1Aunicipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed 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 all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed deletion of Condition No. 9, restricting the business hours of this use, is not
reasonably necessary to protect tne public peace, health, safety or general welfare, nor is it necessary to
permit reasonable operation under the conditional use permit as granted.
2. That the petitioner has not complied with the terms and conditions of Resolution No. PC97-42,
specifically Condition Nos. 1, 2, 4 and 5(pertaining to removing the exterior telephone, increasing the
number of parking spaces if hot food or self-service soft drinks are availabie, obtaining approval of a
landscaping plan for the entire site and installing the landscaping, and eliminating window signs for
unobstructed visibility into the store interior).
3. That the existing condition of the property, the failure to comply with conditions of approval, and
ongoing Code violations constitute this use being exercised in e manner which is detrimental to the public
peace, health, safety and general welfare.
4. That this request to lengthen the hours of operation for a business with retail sales of alcoholic
beverages, and ihe manner in which this permit is cu,rently being exercised, is not consistent with the
goals of the West Anaheim Commercial Corridor Redevelopment Pian.
CR3393PL.DOC -1- PC98-125
5. That one person spoke in opposition to the proposai at the public he2ring; and that pictures were
received in opposition 4o this petition. •
CALIFORNIA ENVIRONMENTAL UUALIN ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 3921 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 has 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 the conditions of approval of Resolution No. PC9-97-42, adopted
in connection with Conditionai Use Permit No. 3921, on the basis of the fore oing findings.
THE FOREGOING RESOLUTI a~ ed at t PI n' Commission meeting of
August 17, 1998.
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CHAIRPERS NA . CITY PLANNING COMMISSION
ATfES .
~L~U.~(~J ~J ~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adoFted at a meeting of the Anaheim City Planning
Commission held on August 17, 1998, by the following vote of the members thereof: ,
AYES: COMMISSIONERS: BOS'fWICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: ONE SEAT VACANT
/~~, IN WITNESS WHEREOF, I have hereunto set my hand this ~~'~ day of
UN U~ , 1998.
~U~J~~
SECRET Y, ANAHEIM CITY PLANNING ~OMMISSION
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