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Resolution-PC 98-99A RESOLUTION OF 1'HE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4035 BE DENIED Vb'HEREAS, 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 California, described as: THAT PORTION OF LOT 7 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN B001< 3, PAGES 162 INCLUSIVE OF "LOS ANGGLES COUNTY MAPS," IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION O~ THE CENTERLINE OF PLACENTIA AVENUE WITH THE CENTERLINE OF THE RIGHT OF WAY OF THE ANAHEI~ UNION WATER COMPANY, A CORPORATION, AS SAID RIGHT OF WAY WAS ESTABLISHED BY A JUQGMENT OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, IN AN ACTION ENTITLED "ANAHEIM UNION VVATER COMPANY, A CORPORATION, PLAINTIFF, VS. F.H. SCHNEIDER, ET AL., DEFENDANTS," AND BEING CASE NO. 6468, A CERTIFIED COPY OF SAID JUDGMENT BEING RECORDED IN BOOK 281, PAGE 126 OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 0° 07' 25" EAST, ALONG SAID CENTERLINE OF PLACENTIA AVENUE, 91.50 FEET TO THE 7RUE POINT OF B~GINNING; THENCE SOUTH 81° 43' 25" WEST, PARALLEL WITH THE CENTERLINE OF SAID RIGHT OF WAY OF THE ANAHEIM UNION WATER COMPANY, 156.00 FEET; THENCE NORTH Q° 07' 25" EAST PARALLEL WITH SAID CENTERLINE OF PLACENTIA AVENUE, TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO J.F. BURGESS AND WIFE, BY DEED RECORDED JULY 9, 1948 IN BOOK 1666, PAGE 467 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 74° 33' 10" EAST, ALONG SAID SOUTHERLY LINE, TO AN ANvLE POINT THEREIN; THENCE NORTH 79° 02' 55" EAST 89.00 FEET TO SAID CENTERLINE OF PLACENTIA AVENUE; THENCE SOUTH 0° 36' 25" EAST, ALONG SAID CENTERLIN~, 158.50 FEET TO THE TRUE POINT OF BEGIMNING. WHEF2EAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 22, 1998, 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, Ch~pter 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 CR3339PL.DOC -1- PC98-99 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 p~operly one for which a conditional use permit is authorized by Anaheim Municipai Code Section 18.44.050.060 to permit and retain an automobile sales lot with a maximum of five (5) vehicles on display. 2. That the proposed use is hereby denied. 3. That the proposed use adversely affects the adjoining land uses and the growth and development of the area in which it is located because an automobile sales facility has the potential for a significant detrimental impact on the residential properties to the south, west and northwest due to the noise and high level of outdoor activiry associated with automobile saies agencies. 4. That the size and shape of the site proposed for the use is not adequate to allow full development of the proposal in a manner not detrimentai to the particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim because the property is nc; large enough to provide an adequate buffer area to reduce detrimental aspects of an automobile sales facility (such as noise) and protect adjoining residences and the surrounding residential neighborhoods; and that the site is not large enough to permit full and adequate development as an automobile sales facility in a manner which will adequately separate the facility from adjoining commercial uses (presentiy furniture and carpet stores). 5. Thst granting of this conditional use permit would be detrimental to the pe~c2, health, safety and gene,-al welfare of the Citizens of the City of Anaheim because automobile sales facilities are unique commerciai businesses which require developmFnt sites independent of non-automotive uses; and that automobile sales businesses have methods of operation, including circulation, display and advertising of vehicles, that require locations suitable to such activities. 6. That the tra~c generated by the proposed use will impose an undue burden upon the streets and highways designed and improved to carry the iraffic is~ tha a; ea because this automobiie sales lot is not compatible with the commercial strip center in which it is located and with the other retail commercial businesses (furniture and carpet stores) with which it shares parking and access; and that submitted pians do not include an on site drop off area for potential truck delivery of vehicles. 7. That two people spoke in favor of thie proposal at the public hearing; and that no one indicated their presence in opposition and that no correspondence was received in opposition to this petition. CALIFORNIA ENVIRONM NTA Q A Irv arT Fwninir: That the Anaheim City Planning Commission has reviewed the proposai to permit and retain an automobile sales lot with a maximum of five vehicles on display on a 0.37-acre parcel having frontage of 156 feet on the west side of State College Boulevard, a maximum depth of 102 feet, and being located 150 feet south of the centerline of Redwood Avenue (329-331 Pdorth State College Boulevard); and does hereby apprnve the Negative Declaration upon 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 review 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. -2- PC98-99 NOW, THEREFORE, Bc IT RESOLVED that thF~ An2heim City Planning Commission does hereby deny subject Petition for Conditional Use Permit No. <<035 on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adoprad at the Planning Commission meeting of June 22, 1998. ~~<-~-e ~~~z~.~~ CHAIRPERSOP7, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ ~~~~ SECRETARY, AHEIM CITY PLANNING CONMISSION STA i E OF CALIFORNIA ) COUNTY OF ORAPIGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, :;ecretary 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 22, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, NAPOLES, PERAZA NOES: COMMISSIONERS: BOSTWICK, HENNINGER, WILLIAMS ABSENT: COMMISSIONEP.S; NONE ~ IN WI ~ NESS WHEREOF, I have hereunto set my hand this ~St day of ~ 19~s. ~~ ~tiW~ SECRETARY, NAHEIM CITY PLANNING COMMISSION -3- PC98-99