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Resolution-PC 2001-152• ~ RESOLUTION NO. PC2001-152 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04420 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: LOT 139, TRACT 2779, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 92, PAGE 35 TO 40 INCLUSIVE OF MISCELLANEOUS OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 5, 2001 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 that the hearing was continued from the August 27, September 24 and October 8, 2001 Planning Commission meetings; 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 de~erFnine ~he #ollowing #aEts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.260 to retain an un-permitted meeting hall for self-help groups with waivers of the following: (a) Sections 18.06.050.020.021.0212 - Minimum number of parking spaces. 18.06.050.020.026.0262 (40 spaces required; 12 spaces plus 8 tandem spaces 18.06.080 proposed) and 18.44.066.050 (b) Sections 18.04.048.010(c) - Required site screeninq. 18.04.048.020.023 (6- to 8-foot high masonry wall required adjacent to and 18.44.068 residential zoning and adjacent to an alley separating the property from residential zoning; 4-foot high block wall existing and proposed) 2. That waiver (a), minimum number of parking spaces, is hereby denied on the basis that the City's Traffic and Transportation staff has reviewed the parking analysis submitted by the petitioner and determined that the distance (800 to 850 feet) to parking spaces at Loara High School is not close enough for practical use and, therefore, the peak demand of 33 spaces will not be reasonably available for this use; that no agreement has been submitted for off-site parking; and that tandem parking spaces are not considered suitable spaces for this use. 3. That the parking waiver, if approved, would result in fewer off-street parking spaces being provided for the use than the number of spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. 4. That the parking waiver, if approved, would increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. CR5224PK.doc -1- PC2001-152 • • 5. That the parking waiver, if approved, would increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Zoning Code). 6. That the parking waiver, if approved, would increase traffic congestion within the off- street parking areas or lots provided for such use. 7. That the parking waiver, if approved, would impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 8. That waiver (b), required site screening, is hereby denied on the basis that the proposed use is commercial in impact and nearby residences should be screened from such uses, including when separated by an alley; and that there are no special circumstances applicable to this property with regard to size, shape, topography, location or surroundings that would prevent the construction of the required wall. 9. That although meeting halls are authorized in the CL (Commercial, Limited) Zone subject to approval of a conditional use permit, this property is not of a sufficient size to provide the minimum 40 parking spaces required by Code. 10. That without sufficient on-site parking, the meeting hall clients could potentially cause detrimental impacts to the residential neighborhood to the west including noise, increased on-street park4ng and incr@as~d traffiE. 11. 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. 12. That the size and shape of the site proposed for the use is not adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim because an adequate number of parking spaces cannot be provided on-site. 13. That granting of this conditional use permit would be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 14. That two people indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain an un-permitted meeting hall for self-help groups with waivers of minimum number of parking spaces and required site screening on a rectangularly-shaped 0.27-acre property located at the southwest corner of Chalet Avenue and Euclid Street, having frontages of 118 feet on the south side of Chalet Avenue and 85 feet on the west side of Euclid Street, and further described as 1333 South Euclid Street (Serenity Hall); 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. -2- PC2001-152 • ~~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 5, 2001. ~~n~~ CHAIRPER N, ANAHEIM I Y PLANNING COMMISSION ATTEST: ,~-~ ~ v SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 November 5, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, EASTMAN, KOOS NOES: COMMISSIONERS: BOYDSTUN ABSENT: ~QMMISSIONERS: VANDER.B.LLT IN WITNESS WHEREOF, I have hereunto set my hand this y L day of ~ c cew,~, 2001. ~.~~- ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-152