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Resolution-PC 98-135RESOLUTION NO. PC98-135 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4046 BE DENIED 1tiHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Cond(tional Use Permit for certain reai property situated in the City of Anaheim, Counly of Orange, State of California, described as: THE NORTHERLY 102.25 FEET OF LOTS 5 AND 6(N BLOCK "B" OF ANAHEIM VILLA TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECOROED IN BOOK 14, PAGE 44 OF MISCELLANEOUS RECORDu OF LOS ANGELES COUNTY, CALIFORNIA. WIiEREAS, the City Planning Commission did hoid a public hearing at the Civic Center in the City of Anaheim on August 3, 1998 at 1:30 p.m., notice of said pubiic hearing having been duiy given as required by law and i~? 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 lhat said public hearing was continued to August 31, 1998; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and afier due consideration of all 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 conditional use permit is authorized by Anaheim Municipal Code Section 18.45.050.195 to permit ar~ existing 2,400 sq.ft. convenience market in conjunction with a request for retail sales of alcoholic be~~erages for off-premises consumption. 2. That tlie retail sale of beer and wine for off-premises consumption is currently permitted at this convenience market. 3. That approval of this request to upgrade the request to "alcoho~ic beverages" instead of "beer and wine" cou~d adversely affect lhe adjoining land uses, whYch are predominantly residential to the south, and the growth and development of the area in which the property is located. 4. That the property is located within a reporting district that has a 30% above-a~~erage ~rime rate. 5. That this property is Iocated approximately 500 feet from another liquor store and approximately 250 feet from Anaheim High School. 6. That the Anaheim Union High School District opposes lhis request due to the potential adverse effects of liquor sales in close proximity to Anaheim Hic~h School. 7. That granting of this Cunditional Use Permit would be detrimental to the peace, health, safe!y and fleneral welfare of the Citizens of the City of Anaheim. 8. That the traffic generated by the proposed use wouid impose an undue burden upon the streets and highways designed and improved to carry the traffic ir the area. 9. That one (1) person indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition !o the subject petition. CR3415MS.DOC -1- PC98-135 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That ths Anaheim City Planning Cormission has reviewed the proposai to permit and retain an existing 2,400 sq.ft. convenience market in conjunction with a request for retail sales of alcoholic beverages far off-premises consumption on a rectanguiarly-shaped 0.37-acre property located at the southwest comer of Li~coln ~venue and iliinois Street, and having frontages of 110 feet on the south side of Lir~coln Aven:ie and 145 feet on the west side of Illinois Street (1000 West Uncoln Avenue - Thomas Liquor); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Deciaration together with any comments received durin~ the public review process and further finding on the basis of the initial study and any comments r~eceived that there is no substantial evidence that the project will have a significant effect on the environmeni. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Conditional Use Permit on the basis o e aforementioned findings. THE FOREGOING RESOLUTIO wa adopte nning Commission meeting of August 31, 1998. ~ /~ AlTEST: ~Q~~Q,~..J `-'tr-vfC~L9~ SECRETAR ANAHEIM 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 resolulion was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 31, 1998, by the following vote of the members thereof: AYES: COMMISSION~RS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS NOES: COMMISSIONERS: NONE ABSENI': COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this Y'f~ day of ~s~~~ 1998. ~0 ~ SECRETARY, A AHEIM CITY PLANNING COMMISSION -2- PC98-135