Resolution-PC 2011-002RESOLUTION NO. PC2011 -002
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT
NO. 319 AND AMENDING RESOLUTION NO. 62R -1103
(950 NORTH ANAHEIM BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for a Conditional Use Permit for certain real property in the City of Anaheim, County of
Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this
reference; and
WHEREAS, on December 26, 1962, the City Council, by its Resolution No. 62R-
1103, granted Conditional Use Permit No. 319 to permit a retail tire service facility; and
WHEREAS, the property is currently developed with a tire service facility and is
zoned C -G (General Commercial) and the Anaheim General Plan designates the property for
Low Medium Density Residential land uses; and
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the
Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 19, 2011,
at 5:00 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 18.60, to hear and
consider evidence for and against said proposed project actions, including an amendment to
Conditional Use Permit No. 319, and to investigate and make findings and recommendations in
connection therewith; 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 an amendment to Conditional Use Permit No. 319 to permit the expansion of
an existing tire repair facility is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.08.030.010 for this property.
2. That the proposed use will not adversely affect the adjoining land uses or the
growth and development of the area in which it is proposed to be located because the existing
tire repair facility is compatible with existing and surrounding land uses, and the expansion of
this facility will continue to be compatible with the surrounding land uses.
3. That the size and shape of the site proposed for the use is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular area or to
health and safety of the citizens of the City of Anaheim.
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4. That the approval of the proposed expansion will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area.
5. That the granting of the conditional use permit under the conditions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Uses) as defined in the State CEQA Guidelines,
and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW THEREFORE BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 319A and that the conditions of approval heretofore
imposed on Conditional Use Permit No. 319, as set forth in City Council Resolution No. 62R-
1103 be, and the same hereby amended in their entirety described in Exhibit "B" attached hereto
and incorporated by this reference, which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to preserve the health, safety and general welfare of
the Citizens of the City of Anaheim. Extensions for further time to complete conditions of
approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
Timing for compliance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the
original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim
Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED, that this Conditional Use Permit is approved
without Iimitations on the duration of the use. Amendments, modifications and revocations of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
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BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was
meeting of January 19, 2011.
A1'I'EST:
SENIOR SE TARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
e Planning Commission
CHAIRMAN, ANA - CITY PLANNING COMMISSION
I, Grace Medina, Senior 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 January 19, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of January, 2011.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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'APN: 035-061-251
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poet
DEV2010- 00147
EXHIBIT "A"
E LA PALMA AVE
4
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
11055
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PC2011 -002
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 319A
(DEV2010- 00147)
SIGNED OFF
NO. CONDITIONS OF APPROVAL REVIEW BY BY
GENERAL
1 All tire repair and storage of any materials shall be Planning
conducted entirely within the building. Division
2 The subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the Division
City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Exhibit Nos. 1
and 2 (Site and Floor Plans) as conditioned herein.
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