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Resolution-PC 98-143RESOLUTION NO P qR idq A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DENYING A REQUEST TO AMEND CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 96R-148 ADOPTED IN CONNECTION WITH CONDITIONAL U5E PERMIT NO. 3841 WHEREAS, on August 20, 1996, the Anaheim City Council adopted Resolution No. 96R- 148 approving Conditional Use Permit No, 3841, (n part, to permit a gasoiine service statfon and convenience market) with no saie of beer or wine for off-premises consumption, and with waivers of minimum number of parking spaces and minimum landscap(ng adjacent to interior boundary lines on property located at the southeast comer of Ball Road and Br~okhurst Street (2180 West Bali Road); and that Condition No. 13 of sald resolution specifies that the sale of beer and wine for off-premises consumption shall be prohibited; and convenience ma ket (M ti e Ser vice Sta it on) n the CL (Commerc aleLimited)a one?thasthe Anaheim General Plan Land Use Element designation for this property is General Commercial; that the property is also located in the West Anaheim Commerciai Conidors Redevelopment Area and fn the proposed Brookhurst Overlay Area currently under study by the Cammunity Development Departmenh, and WHEREAS, the petitioner requests that this conditional use permit be amended under . authority of Code Sections 18.44.050.070, 18.44.050.i90 and 18.87.023.020 to permit the retail sale of beer and wine for aff-premises consumption in conJunction with the previously-approved service station and convenience market, thereby necessitating the deletion or amendment of Condition No. 13 of Resolution No. 96R 148; and WHEREAS, the City Plannfng Commission did hold a public hearing at the Civlc Center in the City of Anaheim on September 14, 1998, at 1:3Q p.m., notice of said public hearing having been duly given as required by law and in accordance with the prov(sions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against sald proaosed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said ~ommission, after due inspection, investigation and study mado 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 use is properly one for which a conditfonal use permit is authorized by the Zoning Cude. 2• That the proposed use will adversely affect lhe adjoining land us~s and lhe growth and development of the area in which it (s proposed to be located because subject property (s located within a Police Department reporting district that has a crime rate 21 % above the City average; and lhat ihe retail sale of beer and wine would not be consistent with the goals of the West Anaheim Commercial Corridors Redevelopment Plan. 3. That the size and shape of the site for the proposed use (s not adequate to allow full development of the proposed use in a manner not detrimental to the particuiar area nor to the peace, healih, safety and general welfare. Ct~3430pk.Doc -1- PC98-1Q3 4. That the tra~c generated by the proposed use will impose an undue burden upon the streets and highways designed and improved to carry the tra~c in the area. ~ 5. That no one indicated their presence at the public hearing in opposition to this proposal; and that no correspondenr,e was receivad in opposition. CALIFORNIA EtJVIRONMENTAL QU~LITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposai and does hereby approve the Negative Declaration upon previously approved in connection wlth Conditional Use Permit No. 3841 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 iias consi~ered the previously approved Negativ~ 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 projecf will have significant effect on the environment. NnW, THEREFORE, BE IT RESOLVED that the does hereby deny subject Petition tc amend Conditional Use Pen aforementioned findings. ~, ~-~ / THE FOREGOING September 14, 1998. ATTEST: ~'12ho ' ~~4~0~ SECRETARY NAHEIM ClTY PLAI~JNING COMMiSSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) im City Planning Commission 3841, on the basis of the Commission meeting of I, Margarita Soiorio, 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 September 14, 1998, by the following vote of the members thereof: AYE.''i: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this of %~' day of _,y~~~~~.~_, 1998. lLlZ d~fcce~ SECRETARY, AHEIM CITY PIANNING GONMISSION -2- PC38-143