Loading...
Resolution-PC 98-27RESOLUTION NO. PC98-27 A RESOLUTION OF THE ANAHEIM ClIY PLANNING COMMISSION DENYING A REQUEST TQ AMEND CERTAIN CONDITIONS OF F,PPROVAL OF RESOLUTION NO. PC88-240, AS AMENDED BY RESOLUTION NOS. PC91-22 AND PC96-65 AND ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3055 WHEREAS, on August 29, 1988, the Planning Commission adopted Resolution No. PC88-240 Yo approve Conditional Use Permit No. 3055 and permit a 1,436 sq. ft. convenisnce market with waiver of minimum rwmber of parking spaces (no take-out food ~vas permitted); 1NHEREAS, on February 11, 1991, Commission adopted Resolution No. PC91-22 to amend said resolution to expand the convenience market to 1,772 sq. ft. and amend certain conditions pertaining to development in accordance with revised exhibits; and that on July 8, 1996, Commission adopted Resoluticn No. PC96-65 to further amend said resolution to allov~ take-out food service in the convenience market; WHEREAS, this property is developed with a 10-unit, 19,504 sq. ft. commercial retail center, including subject business at 511 West Chapman Avenue ("Near Market"), in the CG (Commercial, General) Zone; WHEREAS, the petitioner has submitted a request to upgrade the current retail sales of beer and wine for off-premises consumption to retail sales of alcoholic beverages for off-premises consumption; and that no remodeling of the premises is proposed (1,056 sq. ft. is devoted Eo retail sales and display area and 716 sq. ft. is used for a walk-in cooler, dry storage, office and restroom areas); WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 2, 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 Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposecl 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 ali 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 conditionai use permit is authorized by the Zoning Code; 2. That the proposed use, as proposed to be amended, would adversely affect the adjoining land uses and the growth and developr~ent of the area in which it is proposed to be Iocated because the crime rate for the und~riying reporting area is 134% above the average for the City of Anaheim; 3. That the size and shape of the site for the proposed use is not adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor 4o the peace, health, safety, and general welfare because of the over-concentration of off-sale ABC licenses in the underlying census tract (4 permitted, 5 existing); CR3196PL.DOC -1- PC98-27 4. That the traffic generated by the proposed use would impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 5. That amending this conditional use permit would be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition ta the subject petition. CALIFORNIA ENVIRONMENTAL ~UA~ITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previousiy approved in connection with Conditional Use Permit No. 3055 is adequate to serve as the required environmental documentation in connection with this request ~pon finding that the declaration reflects the independent judgment of the lead agency and that it i~as 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 Resolution No. PC88-240, as amended by Resolution Nos. PC91-~2 and PC96-65 and adopted in connection wilh Conditional Use Permit No. 3055. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of , March 2,1998. .~ ~d~.c~-~-~'~ ~rr~ CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION AITEST: ., SECRETAF2Y, ANF~I~EIM CITY PLANNING COMMISSION V STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CIN OF ANAH~IM ) i, Margarita Solorio, 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 March 2, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANCY: ONE SEAT IN WITNESS WH~REOF, I have hereunto set my hand this 21 _ day of ~~ 1998. SECRETARY, ANAHEIM CITY PLANNINC COMMISSION -2- PC98-27