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Resolution-PC 99-27RESOLUTION NO PC99-27 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DENYING AN AMENDMENT TO CONDITIOIJAL USE PERMiT NO. 3843 WHEREAS, on June 10, 1996, the Planning Commission adopted Resolution No. PC96- 55 to approve Conditional Use Permit No. 3843, in part, and permit used automobile sales and automotive vehicle repair, with retail sales and installation of accesscry automobile parts in a former gasoline service station at 2600 West Lincoln Avenue for a period of one year (waiver of permitted encroachments into a required setback was denied); that on November 10, t997, Commission approved an extension of time until June 10, 1998 to comply with the conditions of approval; and that on July 6, 1998, Commission adopted Resolution No. PC98-106 to reinstate and permit this conditional use permit until June 10, 1999; and WHEREAS, this property is developed with a 1,586 sq.ft. former gasoline service station building currently utilized for tire sales and installation, automobile repair with acc~ssory sales of parts, and used automobiie sales; that the proper:y is zoned CL (Commercial, Limited); and that the property is located in Community Planning Area No. 3 and in the West Anaheim Commercial Corridors Redevelopment Area; and WHEREAS, the City Planning Commission did receive a request to amend this conditional use permit to ailow two separate businesses within one existing automobile sales and repair facility; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 17, 1999 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 November 23, 1998 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, does find and determine the following facts: 1. 7hat the proposed amendment is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sectiuns 18.44.050.060 and 18.44.050.085 to permit lwo separate businesses within one existing automobile sales and repair facility. 2. That the proposed amendment is hereby denied because testimony received at the November ;?d, 1998 hearing indicated that numerous violations were observed and remain unresolved and constitute ~isual blight in an area where Community Planning Program and Community Development Department efforts strive to restore quality commercial and residential neic~hborhoods to West Anaheim; and that the proposal would, therefore, adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site for the proposed amendment is not adequate to allow full development of the proposal in a manner not detrimental to the particular area nor ta the peace, health, safety and general welfare of the Citizens of the City of Anaheim; and that permitting tv~o separate businesses at this location would further intensify use of this property which currently does not comply with the existing conditions of approval of this condition2l use permit. 4. That amending this conditional !~se permit, as proposed, would be detrimental to the peace, health, safety and general welfare of the Citizens of lhe City of Anaheim. 5. That the traffic generated by the use, as proposed to be amended, would impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. CR356dPK.DOC _i _ P~99-2~ 6. That the condition of the property, faiiure to comply with conditions of approval and ongoing Code violations attest to this use being exercised in a manner which is detrimental to the pubiic peace, health, safety and general welfare. 7. That the Community Development Department indicates this existing auto repair operation and the manner in which this permit is currentiy being exercised is not consistent with the goals of the West Anaheim Commercial Corridors Redevelopment Plan. 8. That no one indicated their presence at the pubiic hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIR~JNMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposed amendment to Conditional Use Permit No. 3843 to permit two separate businesses within one existing automobile sales and repair facility on a 0.29-acre irregularly-shaped property located at lhe southwest corner of Lincoln Avenue and Magnolia Avenue with frontages of 128 feet on the south side of Lincoln Avenue and A5 feet on the west side of fvlagnolia Avenue, and further described as 2600 West Lincoln Avenue (Wheel Service Texaco); and does hereby determine that the Negative Declaration previously approved in connection with this conditional use permit is not adequate to serve as environmental documentation for the proposed amendment 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 substantial evidence that approval of the proposal would have a significant effect on the environment. NOW, THEREFORE, BE IT RESQIVED that ihe Anaheim City Planning Commission does hereby deny the proposed amendment to Conditional Use Permit No. 3843 on the basis of lhe aforementioned findings. THE FOREGOING RESOLUTION , s~ pted ' e Planning Commission meeting of February 17, 1999. ,~ ., CHAIRPE , N, ~NAHEIM CITY PLANNING COMMISSION ATTEST: I f~~~K2P~J ~~4le~l~ SECRETARY, AN HEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 February 17, 1999, by the following vote of the members thereof: FiYES: COMMISSIONERS: BOSTWICK, BOYD37t1N, BRISTOL, ESPING, KOOS, NAPOLES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WfLLIAMS ~. IN WITNESS WHEREOF, I have hereunto set my hand this ~`~~ day of ~~_, 1999. ~~~ ~~~ SECRETARY AN/~HEIM CITY PLANNING COMMISSION '2- PC99-27