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PC 83-123RESOLUTION NO. PC82-123 A RESOLOTION OF THE ANAH~IM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE P~RMIT NO. 2464 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from JOE LEMONS AND CATHERINE LEMONS, 1808 West Chalet, Anaheim~ California 92802, owners, and WALLACE W. WARREN, 1705 Siva Avenue, Anaheim, California 92804, agent of certain real property situated in the City of Anaheim, County of .Orange, State of California, described as: THAT PURTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, PARTLY IN THE RANCHO SAN JUAN CAJON DE SANTA ANA AND PARTLY IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51~ PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTX, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 3, AS SHOWN ON A MAP FILED IN BOOK 39, PAGE 39 OF PARCEL MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY~ CALIFORNSA. WHERSAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 11, 1983 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 Municip~l 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 a£ter 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 conditional use permit is authorized by Anaheim Municipal Code Section 18.21.050.040 to wit: to permit an outdcor storage and used car sales lot with waiver of: SECTIONS 18.04.043.101 - Maximum fence height AND 18.21.064 (3 feet permitted in front setback; 6 feet proposed) 2. That the requested waiver is hereby denied on the basis that the petitioner did not demonstrate that a hardship exists due to the size, shape, to~ography or surroundings of subject property. 3. That the proposed use is denied. 4. That the proposed use will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. ~0699I PC83-123 ~ ~ 5. That the size and shape of the site proposed for the use is not adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens o~ the City of Anaheim. G. That the granting of the Conditional Use Permit under the conditions imposed, if any, ~~ill be detrimental to the peace, health, saf~~ty and general welfare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use will impose an unduc bucden upon the streets and highways designed and improved to carry the traff.ic in the area. 8. That three persons indicated their presence at said public hearinq in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain outdoor storage and to permit a used car sales lot with waiver of maximum fence height on an irregularly-shaped parcel of land consistin9 of approximately 0.39 acre, having a frontage of approximately 164 feet on the west side of Euclid Street, and further described as 441 South Euclid Street; and does hereby disapprove the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be significant individual or cumulative adverse environmental impacts involved in this proposal; and that an environmental impact report would be required prior to approval of this project. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Conditional Use Permit, on the basis o£ the aforementioned findings. THE FOREGOING RESOLUTION is signed and approved by me this llth day of July, 1y83. ~ ~1~~%ll~"%~ C T MAN, ANAHEIM C TY PLANNING COMMISSION ATTEST: ~~ ~o~,~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION _Z_ PC83-Z23 ,~-~ ' , ,_ ;~:.>a,;:, ,„ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHGIM ) I, Edith L. Harris, 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 July 11, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, FP.Y, HERBST, KING, LA CLAIRE, MC BURNEX NOES: COMMISSIONERS: NONE ABSENT: COMMISSICNERS: BUSHORE IN WITNESS WHEREOF, I have hereunto set my hand this llth day of July, 1983. ~~- ,~ ~~~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -3- PC83-123