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Resolution-PC 2001-89• RESOLUTION NO. PC2001-89 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04367 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 25 TRACT NO. 3372 AS PER MAP RECORDED IN BOOK 126, PAGES 18 AND 19 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE RECORDER OF SAiD COUNITY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 2, 2001 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 that the hearing was continued from the June 18, 2001 meeting; 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 following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.130 and 18.44.050.135 to establish conformity with existing Zoning Code land use requirements for an existing commercial retail center and to retain an un-permitted church with waiver of the following: Sections 18.06.050.022 - Minimum number of qarkinq spaces. 18.06.050.026.0266 (90 required; 28 existing and concurred with by 18.06.080 the City Traffic and Transportation Manager) and ~ 8.44.066.050 2. That the waiver of minimum number of parking spaces is hereby denied on the basis that approval would cause fewer off-street parking spaces to be provided for the church than the number of spaces necessary to accommodate all vehicles attributable to said church, which is located in an existing commercial retail center, under the normal and reasonably foreseeable conditions of operation of the church. 3. That the proposed church is hereby denied on the basis that said use at this focation is not an appropriate location because there is no opportunity for this church to grow without adversely impacting the surrounding community. 4. That the proposed church, if approved, would adversely affect the adjoining land uses and the growth and development of the area in which it is located. 5. That the size and shape of the site proposed for the church is not adequate to allow full development of said use 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. 6. That granting of this Conditional Use Permit would be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. CR5126PK.doc -1- PC2001-89 ~ • 7. That the traffic generated by the proposed church, if approved, would impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That two people indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject ~etition for Conditional Use Permit, on the basis of the aforementioned findings. July 2, 2001. THE FOREGOING RESOLUTION was adopted at the Planny~g Cor~mission meeting of CHAIRPERSON, ANAHEI CI P ATTEST: - - - - -~.--?1~rre.a~.-ti.~¢,o SECRETARY, ANAHEIM CITY PLANNING COMMISSION G COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 2, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, KOOS, VANDERBILT NOES: COMMISSIONERS: BOYDSTUN, BRISTOL, NAPOLES ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of / , 2001. ~L ~ - SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2001-89