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Resolution-PC 2001-95• RESOLUTION NO. PC2001-95 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETiTION FOR CONDITIONAL USE PERMIT NO. 2001-04386 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: LOTS 1 AND 2 IN BLOCK "A" OF TRACT 158, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 12, PAGE 8 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE WESTERLY 5.25 FEET OF SAID LOTS, CONVEYED TO THE CITY OF ANAHEIM, A MUNICIPAL CORPORATION, BY DEED RECORDED DECEMBER 2, 1937, IN BOOK 918, PAGE 290 OF OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 16, 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 eon~eetio~ theFewith; and WHEREAS, said Commission, after due inspection, investigation and study made by 9tse~f ~n~ in i~~ 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 Nos. Section 18.45.050.060 and 18.45.050.085 to permit an automotive repair facility and an automobile sales lot. 2. That the proposed use is hereby denied on the basis of the adverse impact of these particular uses (automotive repair and an automotive sales lot) on the revitalization of the surrounding historic district; that approval of the proposal would have a tendency to tip the area towards declining conditions because of the existing concentration of these types of uses; and that further concentration would result in cumulative adverse impacts on this particular area. 3. That the proposed use would adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 4. That the size and shape of the site proposed for the use, an automobile sales lot and ~G~~ ;~~~;r f~~;~; ~,, ~r,~,~i~ n~t ~g ~r~PniiatQ #4 2114W full d2V210DfT12flt Of tI1@ pfOpOSaI IIl 2 fTt8~l1@~ IIOt detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 5. That the traffic generated by the proposed use would 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 detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. CR5137PK.doc -1- PC2001-95 ~ • 7. That two people indicated ~heir presence at the public hearing in opposition to the proposal; and that correspondence with trwo signatures was received in opposition. CALIFORNfA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit an auto repair facility and an automobile sales lot on a rectangularly-shaped 0.34-acre pGmperty located at the southeast corner of North Street and Anaheim Boulevard, having frontages of 1~7 feet on the south side of North Street and 89 feet on the east side of Anaheim Boulevard, and further described as 760 North Anaheim Boulevard; and does hereby approve the Negative Declaration u~pon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public revaew process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE tlT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Con~ditional Use Permit, on the basis of the aforementioned findings. July 16, 2001. AT~ES~: THE FOREGOING RESOLWTION was adopted at the Plannjyig Commission meeting of CHAIRPERSON, /~NAI-~II~CI ~~~ SECRETARY, ANAHEIM CITY PLANNiNG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) NING COMMISSION I, Eleanor Fernandes, Secaetary 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 16, 2001, by t~,e following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, VANDERBILT NOES: COMMISSIONERS: BOYDSTUN ABSENT: COMMISSIONERS: VACAN~Y ST IN WITNESS WHEREOF, I have hereunto set my hand this ~ ~ day of , 2001. v ~ ~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2001-95