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Resolution-PC 98-178RESOLUTION NO PC98-178 A RESOLUTION OF THE ANAi1EIM CITY PLANNING COMMI3SION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4064 BE DER~IED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real proper!y situated in the City of Anaheim, County of Orange, State of California, described as: SEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE CF BROOKHURST STREET AND THE CENTER LINE OF LA PALMA AVENUE, THENCE NORTH 0° 44' 50" WEST ALORG TNE CENTER LINE OF BROOKHURST STREET 50 FEET; THENCE SOUTH 89° 24' 3U" WEST, A DISTANCE OF 50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0° 44' 50" WEST PARALLEL WITH THE CENTER I_INE OF BROOKHURST STREET 150 FEET; THENCE SOUTH 89° 24' 30" WEST A DISTANCF OF 25 FEET; THENCE SOUTH 0° 44' 50" EAST A DISTP.NCE OF 10 FEET; THENCE SOUTH 89° 24' 30" WEST A DISTANCE OF 125 FEET; THENCE SOUTH 0° 44' 50" EAST PARALLEL WITH THE ENTER LINE OF BROOKHURST STREET 121.87 FEET, fNORE OR LESS, TO THE NOR?H OF THE LAND CONVEYED TO THE STATE OF CA! IFORNIA, BY DeED RECORDED JULY 20, 1955, IN BOOK 3144, PAGE 583, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH SO° 28' 13" EAST ALONG THE NORTH LINE OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA 102.57 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 21' 15" WEST A DISTANCE OF 49.09 FEET FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89° 21' 15" EAST, 49.09 FEET TO TH6 TRUE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center fn the City of Anaheim on November 9, 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 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 itselfi and in its behalf, and after due consideration of ail evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner requests approval of a conditionai use permit under authority of Code Sections 18.05.112 and 18.45.050.090 to construct two 36-foot high, 300 sq.ft. billboards. 2. That the underlying property is zoned CG (Commercial, Generai) and the General Plan Land Use designation is General Commercial; and that the property is developed wilh auto repair facility (Guerrero Auto Repair). 3. That the proposed use will adverseiy affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because two, lighted, 36-foot high billboards wouid adversely impact the nearby single-family residential neighborhood located approximately 400 feet to the north by adding visible glare from the illumination of the advertised messages on the 36-foot high billboards. CR3475PK.DOC -1- PC58-178 4. That the size and shape of this site for the proposed use is not adequate to allow full development of the proposal in a manner not rJetrimentai to the particular area nor to the peace; health, safety and general weifare because the proposed billboards would intensify the existing use of this property which is developed to its full potential with an automobile repair business; that the property was origi~ally developed with an automotive diagnostic and service center under Variance No. 2801 (approved in 1878); and that, due to continual complaints and calls for service to the automotive business, sai~ Variance was modified in February ~1998 by the Planning Commission to address the intensity of the automotive use, to allow light auto repair and to amend the conditions of approvai. 5. That the traffic generated by the proposed use will not 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 would be det~imental to the peace, health, safety and gensral weifare of the citizens of the City of Anaheim. 7. That the proposed billboards, even with conditions imposed, would have a detrimental impact on the surrounding area by creating additionai visual clutter and unnecessary off-site signage in an area already designated as blighted and located within the newly created West Anaheim Commerciai Corridors Redevelopment Area; and, furthermore, that proposed billboards are contrary to the City Council's stated intent to create a more aesthetically pleasing visual environment along Brookhurst Street. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA E~JVIRONMENTAL QUALIT`! ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct two 36-foot high, 300 sq.ft, billboards on a irregularly-shaped 0.25-acre property located at the northwest corner of La Palma Avenue and Brookhurst Street, and having frontages of 110 feet on the rtorth side of La Palma Avenue and 100 feet on the west sida of Brookhurst Street (1107 North Brookhurst Street); and does horeby deny the Negative Declaration upon finding that the declaration reflects the independen: 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 initiai study and any comments received, including the information in Paragraph (12) of the Staff Report to the Planning Commission dated November 9, 1998, Item 5, that there is substantial evidence that the {~roject will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOWED 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 November 9, 1998. .-~~~° G~°~,, CHAIRP RSON PRO-TEMPOR , ANAHEIM CITY PLANNING COMMISSlON AT7ES7: ~s'a,.~l.a,:v `C.c:~-.--~w_r~.~a.~-~ SECREI"ARY, ANAHEIM CITY PLANNING COMMISSION -2- PC98-178 STA7E OF CALIFORNIA ) COUNTY OF ORANGE ) ss. - CITY OF ANAHEIM ) I, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby certiPj that the foregoing resolution was passed and adopied at a meeting of the Anaheim Cibj Pianning Commfssian held on November 9, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, ESPING, KOOS, NAPOLES, WILLIAMS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BRISTOL IN WITNESS WHEREOF, I have hereunto set my hand this ~S" day of , 1998. ~1'~.aS-~e~ ~S-~~~~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC98-178