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Resolution-PC 2000-111~ • RESOLUTION NO. PC2000-111 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04253 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT 8 OF THE ANAHEIM HOMESTEAD TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, BOOK 26, PAGE 10 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY, RECORD OF LOS ANGELES COUNTY, CALIFORNIA, LYING NORTHERLY OF THE FOLLOWING DESCRIBED REAL PROPERTY: BEGINNING AT THE INTERS~CTION OF THE EAST LINE OF SAID LOT WITH THE NORTHERLY LINE OF BEVERLEY DRIVE 50,00 FEET IN WIDTH, AS SHOWN ON A MAP OF TRACT NO. 1833, RECORDED IN BOOK 51, PAGE 29 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY OF ORANGE; THENCE NORTH 79 DEGREES 43' 04" WEST, ALONG SAID NORTHERLY LINE, 105.82 FEET; THENCE SOUTH 89 DEGREES 43' 45" WEST, ALONG SAID NORTHERLY LINE AND ITS WESTERLY PROLONGATION 282.45 FEET TO THE WEST LINE OF SAID!LOT, SAID WEST LINE BEING THE CENTERLINE OF LOARA STREET; THENCE NORTH 0 DEGREES 16' 55" WEST, ALONG SAID WEST LtNE AND SAID CENTERLINE, 116.27 FEET TO A LINE MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF LOARA STREET AND DISTANT SOUTH 0 DEGREES 16' 55" EAST, 400.96 FEET; MEASURED ALONG THE CENTERLINE OF SAID LOARA STREET FROM THE CENTERLINE OF WESTMONT DRIVE; THENCE NORTH 89 DEGREES 43' 05" EAST, ALONG SAID LINES OF SAID LOT THENCE SOUTH 3 DEGREES 17' 25" EAST, ALONG SAID WEST LINE, 133.91 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 25, 2000 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 proposed conditional use permit 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 use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.24.050.030 to permit and construct a parking lot expansion for an existing church facility with waivers of the following: (a) Sections 18.04.042.020 - Institutional uses adiacent to residential zones. and 18.24.063.030 (minimum 15 foot landscaped setback required between institutional uses, including church parking lots, and residential zones; 5 to 7'/z feet proposed adjacent to RS-10,000 "Residential, Single- Family" zoning to the south) CR4052P K.doc -1- PC2000-111 ~ • (b) Section 18.04.060.050 - Minimum qarkinq lot landscapinq. (2 trees, each in a minimum 48 sQUare foot planters required; none proposed) 2. That waivers (a) pertaining to minimum landscaped setbacks between institutional uses and residential zones, and (b) pertaining to minimum parking lot landscaping are hereby denied on the basis that there are no special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity because this property is regularly-shaped and the same size as adjacent residential properties and has topography equivalent to that of other properties in the vicinity; and that strict application of the Zoning Code does not deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because approval of waiver (a) would grant a special privilege to the church by allowing a significantly shallower landscaped setback (50% to 66% shallower than the required 15-foot setback) where a 15-foot landscaped setback is reqwired to buffer the institutional parking lot from adjacent single- family homes. 3. That approval of the proposed use would adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 4. That the size and shape of this property is not adequate to contain all the activities on- site. 5. 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. 6. That granting of this conditional use permit, regardless of any conditions which might be imposed, would be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That one person spoke at the public hearing in opposition to the proposal; and that one letter was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the pro~posal to expand a parking lot for an existing church facility with waivers of institutional uses adjacent to residential zones and minimum parking lot landscaping on a rectangularly-shaped 0.29-acre property having a frontage of 75 feet on the south side of Westmont Drive and a maximum depth of 170 feet, being located 355 feet east of the centerline of Loara Street, and further described as 1518 West Westmont Drive; 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 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 subject Petition for Conditional Use Permit, on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 25, 2000. ~ _ ~ RPERSON, A~9AHEIM CITY PLANNING COMMISSION -2- PC2000-111 • • ATTEST: ~~~ SECRETA Y, AN EIM 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 adopted at a meeting of the Anaheim City Planning Commission held on September 25, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: BOSTWICK, BOYDSTUN ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this v day of _, 2000. IEI~~ SEC TARY NAHEIM CITY PLANNING COMMISSION -3- PC2000-111