Resolution-PC 97-131~'a~'
RESOLUTION NO. PC97-131
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITIOiV FOR CONDITIONAL USE PERMIT NO. 3961 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State
of Galifomia, described as:
THE NORTH 125.00 FEET OF THAT PORTION OF THE LAND CONVEYED TO
MURRAY P. ROCK AND WIFE OF DEED FtECORDED IN BOOK 2846 PAGE 286 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE MONUMENTAL CENTER LINE OF SOUTH EAST
STREET, 66.00 FEET WIDE, DISTRNT THEREON SOUTH 150 30' 07" EAST 660.05
FEET FROIv1 THE CENTER LINE OF EAST SOUTH STREET, SAID POI~UT OF
BEGINNING BEING ALSO THE NORTHEAST CORNER OF SAID LAND OF RQCK;
THENCE SOUTH 740 23' 50"WEST, ALONG THE NORTH LINE OF SAID LAND, 193.00
FEET; THENCE SOUTH 15030' 07" EAST, PARALLEL WITH SAID CENTER LINE OF
SOUTH EAST STREET, 272.25 FEET; TH~NCE NORTH 740 23' 50" EAST, PARALLEL
WITH SAID NORTH LINE, 193.00 FEET TO SAID CENTER LlNE OF SOUTH EAST
STREET; THENCE NORTH 150 30' 07" WEST ALONG SAID CENTER LINE 272.25
FEET TO THE POINT OF BEGINNING.
WHERE4S, the City Planning Commission did hoid a public hearing at. the Civic Center
in the Ciry of Anaheim on September 3, 1997 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the prnvisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and ag2inst said proposed conditionai use permit and to
investigate and make findings and recommendations in connection therewith; and that said public hearing
was continued to the September 15, 1997 Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by itseif
and in its behalf, and afte~ 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 fior which a conditional use permit is authorized by
Maheim Municipal Code Sections 18.61.050.070, 18.61.050.470 and 18.61.050.516 to permit and retain
an existing taxi dispatch and transportation facility including automotive repair.
2. That the use does, and would continue to, adversely affect the adjoining land uses and
the growth snd development of the surrounding area because, as testified in the Code Enforcement
memorandum attached to the September 15, 1997 Staff Report to the Planning Commission; that this use
has created a blight in the area due to ongoing violations such as outdoor auto repair and parts storage,
off-site parking of taxicabs, unpermitted structures, and storage of inoparable vehicies; and that 24-hour
operation of this faciliry is not compatible with the nearby residential neighborhood across East Street;
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3. Tl~at the size and shape of the site for the proposed ~se is not adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health safety, and general welfare because, based on testimony in the petitionePs letter of operation and
the Code Enforcement memorandum attached to the Staff Report permitting this use to remain wiil
continue to create parking and traffic problems on and around the property; and that the size of the
property is not large enough to accommodate the storage, leasing and repair of 65 taxicabs;
4. That the traffic generated by the proposed use will imposs an undue burden upon the
streets and highways designed and improved to carry the tra~c in the area;
5. That the granting of the conditional use permit wouid be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim; and
6. That 3 people spoke at the public hearing in opposition; and that no conespondence was
received in opposition to the subject petition.
CALIFORNIA ENVIRONMcNTAL QUALI~`f ACT FINDING: That the Mzheim City
Planning Commission has reviewed the proposal to permit and retain an existing taxi dispatch and
transportation facility including automotive repair on a 0.48 acre, rectangularly-shaped property having a
frontage of 125 feet on the west side of East Street, a depth of 160 feet, and being located 565 feet north
of the centerline of Vermont Avenue (865 South East Street) ~ and does hereby deny the Negative
Declaration upon finding that the declaration reflects the independent judgement of the lead agency and
that it has considered the Negative Declaration together with any comments received during the public
review pr~cess and further finding on the basis of the initial study and any comments received that there
is substantial evidence that the project wiii have a significant eff'ect on the environment.
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
September 15, 1997.
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SE RETA , ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Maheim City Planning Commission, do hereby certify
th2t the faregoing resolution was passed and adopted at a meeting oF the Anaheim City Planning
Cammission held on September 15, 1997, by the following vote uf the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES, PERA'l_A
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
/n,~ IN WITNESS WHEREOF, I have hereunto set my hand this /3~' day of
PCJ`• , 1997.
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SECRETA , ANAHEIM CI i Y PLANNING COMMISSION
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