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Resolution-PC 2002-80• RESOLUTION NO. PC2002-80 . A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04543 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 59 AND THE NORTHERLY ONE HALF OF LOT 60 IN BLOCK "E" OF HEIMANN AND GEORGE'S ADDITION BUILDING LOTS, AS PER MAP RECORDED IN BOOK 2, PAGE 249 OF MIASELLANEOUS RECORDS, OF THE RECORDS OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 3, 2002 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 May 20, 2002 Planning Commission 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, ~toes f~r~d and ctetermine the folfowing-facts: - - - - 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.03.030.010, 18.45.050.085 and 18.45.050.135 to permit a commercial retail center and to retain an un-permitted automotive repair business and banquet facility with waiver of the following: Sections 18.06.050.020.022 - Minimum number of parkinq spaces. 18.06.050.020.022.0222 (150 spaces required; ,18.06.050.020.026.0262 6 sqaces proposed and not recommended by the City Tra~c and 18.06.080 Transportation Manager) and 18.45.066.050 2. That the waiver of minimum number of parking spaces is hereby denied on the basis that approval would cause significantly fewer off-street parking spaces to be provided for the uses on this property than the number of spaces necessary to accommodate all vehicles attributable to such uses. 3. That approval of the waiver would increase the demand and competition for parking spaces upon the public streets and adjacent private properties in the immediate vicinity of the proposal. 4. That approval of the waiver would increase traffic congestion within the off-street parking areas or lots provided for the proposed uses. 5. That the proposed automotive repair use is hereby denied on the basis that approval would adversely affect the adjoining residential land uses and restrict the growth and development of the area in which it is proposed to be located; and that the over-concentration of uses on this site, consisting of automotive repair, a banquet hall plus other retail uses in a commercial retail center, combined with the inadequate number of parking spaces will adversely affect the surrounding residential land uses. 6. That the size and shape of the site for the proposal is not adequate to allow full development of all the proposed uses (automotive repair, banquet hall and commercial retail center) in a manner not detrimental to the particular area nor to the peace, health, safety and genera! welfare. CR5375DM -1- PC2002-80 • ~ 7. That the traffic generated by the proposed automotive repair imposes an undue burden upon the streets and highways designed and improved to carry traffic in the area; and that the traffic generated by the banquet hall in addition to a commercial retail center imposes an undue burden on Anaheim Boulevard and surrounding streets due to the lack of on-site parking. 8. That granting of this conditional use permit to permit a commercial retail center and to retain an automotive repair facility and banquet hall would be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 9. That six people spoke in opposition to the proposal at the May 20, 2002 public hearing; that no one indicated their presence in opposition at the June 3, 2002 hearing; and that five letters and e- mails in opposition were received. 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 Petition for Conditional Use Permit, on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 3, 2002. -- , _ ~~~~ __ - CHAIRPE ON, ANAHEIM Y PLANNING COMMISSION ATTEST: ~~c~~=-~-U.~-•,~z_ SECRETARY, ANAH IM CITY PLANNING 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 June 3, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~~' day of G , 2002. ~~~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2002-80