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Resolution-PC 98-64RESOLUTION NO PC98-64 A RESOLUTION OF THE ANAHcIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIOPJAL USE PERMIT NO. 4Q19 BE DENIED WFlEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditionai Use Permit for certain real property situated in the City of Anaheim, County of Orange, Staie of Califomia, described as: THAT PORTION OF THE SOUTHWEST QUARTEP OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN UN A MAP THEREOF RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, RECORDS OF SJ~ID ORANGE COUNTY, JESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OP SAID S~CTION, SOUTH 0° 10' 30" WEST 1019.96 FEET FROM THE WEST QUARTER CORNER OF SAID SECTiON; THENCE SOUTH 0° 10' 30" WEST 133.65 FEET; THENCE SOUTH 89° 49' 30" EAST 92.00 FEET; THENCE SOUTHEASTERLY 39.35 FEET ALONG A CURb'E TANGENT TO A LINE PARALLEL WITH SAID WEST LINE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 25.Q0 FEET, THROUGH AN ANGLE OF 90° '!0' 30"; THENCE EAST 139.84 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 30.00 FEET; THENCE NORTHEASTERLY 32.18 FEET ALONG SAID CURVE THROUGH A CF_NTRAL ANGLE OF 36° 52' 12" TO THE BEGINNING OF A REVERSE CURVE HAVING A RqDiUS OF 50.00 FEET; THENCE EASTERLY 78.54 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 90° 00' 00"; THENCE EAST 10.09 FEET TO THE WEST LINE OF THE LAND DESCRIBED IN THE DEED TO EASTLAND SAVINGS AND LOAN ASSOCIATION, RECORDED JULY 23, 1962 IN BOOK 6186, PAGE 318, OFFICIAL RECORUS; THENCE NORTH 0° 10' 15" EAST ALONG SAID WEST LINE TO A LINE PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER THAT PASSES THROUGH THE POINT OF BEGINNING; THENCE WEST TO THE POINT OF BEGINNING. EXCEPT THE WEST 92.0~ FEET THEREOF. VVHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 27, 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 pe-mit 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 ail 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 condilional use permit is authorized by Anaheim Municipal Code Sections 18.03.030.010 and 18.ti4.050.085 to permit and retain an existing taxi dispatch facility including taxi cab auto repair and maintenance in an existing commercial building. CR3265PL.DOC -1- PC98-64 2. That the proposed use adversely ~ffects the adjoining land uses and the growth and devetopment of the area in which it is located because, as indicated in the Code Enforcement memorandum attached to the Staff Report to the Planning Commission dated April 27, 1998, this use has created a blight in the area due to ongoing violations such as outdoor auto repair and storage of inoperable vehic~es; and that the 24-hnur operation of this faciliiy is not compatible with the residential neiyhborhood to the east. 3. Tf;at the size and shape of the site for this use is not adequate to allow the fuil developmer,t of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare because based on the Code Enforcement memorandum, retention of this use will continue to create ar~ aesthetic blight in and around the underiying prope~iy; and that the size of the property is not large enough to accommodate the storage and repair of taxicabs on the premises. 4. That the traffic generated by the proposed use will impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting of this conditional use permit wili be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in oppositicn to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Pianning Commission itas reviewed the proposal to permit and retain an existing taxi dispatch facility including taxi cab auto repair and maintenance in an existing commercial building on a 1.0-ac;e parcel locaied at the northeast comer of Stonybrook Drive and Beach Boulevard, having frontayes of 270 feet on the north side of Stonybrook Drive and 160 feet on the east side of Beach Boufevard (716 South Beach Boulevard, Unit B, Coastal Checker Cab Company); and does hereby deny the Negative Declaration upon finding that the declaration raflects 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 substantial evidence that the project will have a significant effect on the environment. NOW, 7HEREFORE, BE 17 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 April 27, 1998. ~ ./ ,r ~ ~ /=t.<.C~ '~/~-~ ~~~~ , CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~~~~~ICGf1G~Gl/u:I(JV ~_~~~ SECRETARY, A AHEIM CITY PLANNING COMMISSION STATE OF CALIFORNI~1) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 'Z- PC98-64 -. I, Margarita Solorio, Secretary of tho Anaheim City Planning Commissian, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 27, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMtuIISSIONERS: NONE VACANCY': ONE SEAT VACANT n,~,..• IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day af l~, 1998. ll ~~ SECRETARY, HEIM CITY PLANNING COMMISSION -3- PC98-64