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Resolution-PC 2006-3• • RESOLUTION NO. PC2006-3 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2005-06046 BE DENIED (1731 WEST MEDICAL CENTER DRIVE) WHEREAS, the Anaheim Planning Commission did receive verified petitions for Conditional Use Permif No. 2005-05046; an amendment to the Land Use Element of the Anaheim General Plan, designated as General Plan Amendment No. 2005-00439, to re-designate the subject property from the Public-lnstitutional land use designation to the Low Medium Density Residentialland use designation; Reclassification No. 2005-00168; and Tentative Tract Map No. 16932 for certain real property located in the City of Anaheim, County of Orange, State of California,'legally described as folfows`. PARCEL 2 OF PARCEL MAP NO 85-229,)N THE CITY OFANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, FIkED IN BOOK 215, PAGES 10 AND 11-0F PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 9, 2006, at 2;30 p.m., notices of which public hearing were duly given as required by law and in accordance with the provisions of Title 18, Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed conditional use permit and #o investigate and make findings and recommendations in connection therewith; and WHEREAS, at the time and place fixed for said public hearing, the Planning Commission did ' give all persons interested in the matter an opportunity to be heard and did receive evidence and reports, and did consider same; 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 subject property is currently vacant and is zoned C-G (General Commercial) and the Land Use Element of the Anaheim General Plan designates the subject property for Public-Institutional land uses. 2. That the applicant seeks approval under Anaheim Municipal Code Section No. 18.06.160, to construct a 32-unit single-family attached residential condominium project with waiver of the following: (a) Section No. 18.06.090.080.0806 - (Deleted) (b) Section No. 18.44.070.010 - Minimum Distance of Monument Sian to Public Ripht-of-Wav (7 feet required; 2 feet proposed) 3. That the above-mentioned waiver (a) is hereby denied because it has been deleted. 4. That the above-mentioned waiver (b) is hereby denied based on the finding that the property is not adequate in size or shape to accommodate the proposed condominiums incfuding said monument sign. 5. That the proposed use will have an adverse affect on the adjoining land uses or the growth and development of the area in which it is proposed to be located, as the proposed project is not compatible with the existing Senior Residential Care Facility located immediately north of the project. Cr\PC2006-3 -1- PC2006-3 • ~ 6. That the size and shape of the site proposed for the use is inadequate to aliow the full development of the proposed use in a manner not detrimental to the particular area or to health or safety. 7. That the traffic generated by the proposed use will impose an undue burden upon the streets and highways designed and improved to carry the traffic: in the area. 8. That based on the public testimony and discussion, the granting of the conditional use permit would be detrimentaf to the health and safety of the citizens of the City of Anaheim for the following reasons: (a) The potential conflicts and incompatibility of the required shared access between the site and the existing Senior Residential Care Facility. (b) Conflicts with parking for the residential condominium project and the existing Senior Residential Care Facility. (c) - The incompatibility of the residential condominium use and the existing Senior Residential Care Facility use located immediately nor#h of the project. 9. That 13 people spoke at said public hearing in opposition to the proposed project. Additionally, numerous individuals indicated their presence at said public hearing in opposition. The Planning Commission also received a petition signed by 229 individuals indicating opposition to the project. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That theAnaheim Planning Commission has reviewed the proposal to construct a 32-unit single-family attached residential condominium project; and based upon the opposition to the proposed project presented at said public hearing, does hereby deny the Negative Declaration. NOW, THEREFORE, BE IT RESOLVED by the Anaheim Planning Commission that the application for a conditional use permit to construct a 32-unit single-family attached residential condominium project on the subject property be, and the same is hereby, denied. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures an~be W ac d by a' ncil Resolution in the event of an appeaL ~; ~ - ~ CHAIRM~ANANEIM PLANNING COMMISSION ' ATTEST: . ~ ~~,.,ti.r-~~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION r ~ ~ STATE OF CALIFORNIA ) _ COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 9, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI; PEREZ, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS:' NONE : T IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of - ~r a r , 2006. ~'~-A+~-- ir~~~~ SENIOR SECRETARY;'ANAHEIM PLANNING COMMISSION