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Resolution-PC 2012-090RESOLUTION NO. PC2012 -090 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2012 -05602 AND VARIANCE NO. 2012 -04905 (DEV2012- 00042) (1005 NORTH EUCLID STREET) WHEREAS, the Planning Commission of the City Of Anaheim ( "Planning Commission ") did receive a verified Petition for a Conditional Use Permit and Variance to permit and retain a truck rental facility within an existing check cashing business with fewer parking spaces than permitted by the Anaheim Municipal Code on that certain .76 -acre parcel of land commonly known as 1005 North Euclid Street in the City of Anaheim (the 'Property "); and WHEREAS, the Property is developed with a commercial center and is located in the Commercial General (CG) zone and is designated for General Commercial land uses in the Anaheim General Plan; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 3, 2012 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, this Planning 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 with respect to the conditional use permit request to permit a truck rental facility within a check cashing facility in conjunction with an existing commercial center should be denied for the following reasons: 1. The proposed conditional use permit to permit and retain a truck rental facility would adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the rear parking lot proposed for the parking of the rental trucks is unsecured; the rental trucks are parked immediately adjacent to a six -foot high block wall which abuts a residential property and due to the height of the trucks they are prominently visible to the residents of the adjacent apartments thereby negatively affecting the enjoyment of their property; further these trucks provide secluded areas that could provide cover for illicit activities. 2. The size and shape of the site for the use is not adequate to allow the full development of the truck rental facility in a manner not detrimental to the particular area or to the health and safety because 1) the trucks impede traffic circulation for other tenant businesses in the center and for those travelling to the adjacent businesses to the north, 2) the size of the property is inadequate to allow the use without creating the potential for criminal activity in the rear parking lot which provides a secluded area on the north side of the parking lot conducive to - 1 - PC2012 -090 criminal behavior, 3) the rear parking lot provides an easy through access to other properties which also contributes to the potential for criminal activity in the surrounding area, and 4) the site is not large enough to allow the storage of vehicles to take place in an area that is not immediately adjacent to residential properties. 3. The granting of the conditional use permit would be detrimental to the health and safety of the citizens of the City of Anaheim because the truck rental facility does not integrate into the commercial center without creating an increased potential for criminal activity and further, the rear parking lot provides an easy through access to other properties which also contributes to the potential for criminal and detrimental activity to the surrounding area. WHEREAS, this Planning 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 with respect to the parking variance has determined that the variance should be denied for the following reasons: 1. That the variance will increase traffic congestion within the off -street parking areas or lots provided for the proposed use because the parking of large rental vehicles in the rear parking area occurs in a manner that partially obstructs traffic circulation in the rear drive aisle. This drive aisle is often used by drivers to access the commercial property to the north. This partial obstruction creates a potentially unsafe traffic condition. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby deny Conditional Use Permit No. 2012 -05602 and Variance No. 2012- 04905. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within fifteen (15) days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 3, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ( "Zoning Provisions - General") of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY G COMMISSION ATTEST: SENIORS "CRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2012 -090 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 December 3, 2012, by the following vote of the members thereof. AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 3`d day of December, 2012. SENIOR SLVCRLTARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2012 -090 EXHIBIT "A" DEV NO. 2012-00042 a Z Q _u S O h] W LA PALMA AVE 218' �n r•. 204' W FRANCIS DR o so ma t- J u w 0 W CATALPA DR I Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/_ two to five feet. -4- PC2012 -090