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Resolution-PC 98-92RESOLUTION NO. PC98-92 A RESOLUTIOfv OF THE ANAHEIM CITY PLANRING COMMISSION DENYING TI-IE PR~POSED AMENDMENT TO CONDITIONAL USE PERMIT NO. 2471 WHEREAS, on July 11, 1983, tha Planning Commission adopted Resolution No. PC83- 127 to permit an auto repair shop in an existing service station; and WHEREAS, this property is developed with a service station at 2604 West La Palma Avenue in the CL (Commercial, Limited) Zone; and that the Anaheim General Plan land use designation is General Commercial: and WHEREAS, the Anaheim City Planning Commission did receive a proposal to amend Conditional Use Permit 2471 for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THc NORTH 185 FEET OF THE EAST 185 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUAR7ER OF THE NORTHEAST QUARTER OF SECTION 12, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 6 AND FOLLOWING, MISCELLANEOUS MAPS RECORDS OF SAID ORANGE COUNTY. WHEFtEAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 8, 1998 at 1:30 p.m., notice of said pubiic hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chspter 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 foilowing facts: 1. That the proposed amended use is properiy one for which a conditional use permit is authorized by Anaheim Municip2l Code Sections 18.44.050.055 and 18.44.050.070 to expand the existing 1,275 sq. ft. automobile service station with automotive vehicle repair (two bays existing) by constructiny one addiiional (500 sq, ft.) service bay for a total floor area of 1,775 sq. ft. 2. That the proposed use is hereby denied because there have bEen repeated maintenance violations and excessive signage in connection with this business on this property, as documented by Code Enforcement staff and discussed in the Staff Report to the Planning Commission dated June 8, 1998 (Item No. 4); and that the proposed expansion wouid exacerbate the probiem by increasing the intensity of the auto repair operations. . 3. That approval of this proposal would adversely affect the adjoining land uses and the c~rowth and development of the area in ~vhich it is proposed to be located. 4. That the size and shape of the site proposed for the use is not adequate to ailow 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 the size is not su~cient to support full development of the proposal without being detrimentai to the surrounding area due to lack of landscaping and the unsightly nature of the operation. CR3322PL.DOC -1- PC98-92 5. That granting of this conditional use permit wouid be detrimentai ta the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 6. That the traffic generated by the proposed use would impose an undue burden upon the streets and highways designed and improved to ca; ry the traffic in the area because intensification of the existing use on this property, which appears to be of insufficient size to suppo~t the existing operation, may lead to further congestion on the site and further burden on Ciry streets. 7. That one person indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALIIY ACT FINDING: That 4he Anaheim City Planning Commission has reviewed the proposal to expand the existing 1,275 sq. ft. automobile service station with automotive vehicie repair (two bays existing) by constructing one additional service bay (500 sq. ft.) for a total floor area of 1,775 sq. ft. on a 0.42-acre parcel located at the southwest corner of La Palma Avenue and Magnolia Avenue with frontages of 135 feet on the south side of La Pafma Avenue and 135 feet on the west side of Magnolia Avenue, and further described as 2604 West La Palma Avenue (Arco Gas Station); and does hereby find that the Negative Declaration previously approved in connectior~ with Conditional Use Perm(t No. 2471 is not adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with ar~y 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, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Conditionai Use Permit No. 2471 on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 8, 1998. ~~.-~ ~~~~~~ CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: / , . SECRETARY ~ NAHEIM CI'fY PLANNING COMMISSION -2- PC98-92 STATE OF CALIFORNlA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do heraby certi(y that thP foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 8, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BO5TWICK, BOYDSTUN, BRISI'OL, NAPOLES, PERAZA, WILLIAMS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HENNINGER IN WITNESS WHEREOF, I have hereunto s$t my hand this ~ day ~f ___~~~~ 1998. ~iCB-~ SECRETARY ANAHEIM CIN PLANNING COMMISSION -3- PC98-92