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RESOLUTION NO. PC2000-13
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC99-165, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 4148
WHEREAS, on September 13, 1999, Resolution No. PC99-165 was adopted by the
Planning Commission to grant Conditional Use Permit No. 4148 to permit and retain an existing auto
repair facility in a former gasoline service st~ation for a period of five years until September 13, 2004; and
that said resolution includes the following conditions, both of which were to be complied with within three
months after the resolution was adopted:
4. That the existing driveways closest to the intersection of Orange Avenue and
Magnolia Avenue shall be removed and replaced with standard curb, gutter,
sidewalk and landscaping.
13. That the existing building wall signage shall be modified to remove the words
"minimart" and any duplicate ~copy on any building elevation; and that the signage
for the property shall be limited to that which is shown on the approved exhibits.
Any additional signs, including any freestanding sign, shall be submitted to the
Planning Department for review and approval by the Planning Commission as a
"Reports and Recommendations" item.
WHEREAS, the property is developed with an auto repair facility (Le's Automobile) in a
former service station building and a billboa'rd at 601 South Magnolia Avenue; that the underlying zoning
is CL (Commercial, Limited) and the General Plan land use designation is General Commercial; and that
the billboard (which has a 72 sq.ft. display area) is legally non-conforming because it was constructed
prior to current Zoning Code regulations when a billboard was permitted in this zone at this location at the
intersection of two arterial highways; and
WHEREAS, the petitioner, under the authority of Code Section 18.03.092, requests
approval to revise previously-approved plans for the auto repair facility and to amend certain conditions of
approval pertaining to closing two driveways and planting landscaping, in order to temporarily defer said
driveway closure and landscaping; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 31, 2000, 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 amendment 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 subsection 18.03.092.060 of the Anaheim Municipal Code provides for the
modification of a conditional use permit provided that any such modificatian, including the imposition of
any additional conditions thereto, is reasonably necessary to protect the public peace, health, safety or
general welfare, or necessary to permit reasonable operation under the conditional use permit.
2. That the request to amend Condition No. 4 to defer the removal of two driveways closest to
the intersection and installation of landscaping is hereby denied based on the discussion in paragraph
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(14) of the Staff Report to the Planning Commission dated July 31, 2000, including that closure of the two
driveways, as originally required, will immediately benefit the intersection of a primary arterial highway
(Magnolia Avenue) and a secondary arterial highway (Orange Avenue) by eliminating two conflict points.
3. That, as discussed in paragraph (18) of the Staff Report, any additional signage on the
property was to be subject to review and approval by the Planning Commission as specified in Condition
No. 14 of Resolution No. PC99-165, but a recent site inspection showed that additional wall signage had
been painted on the building (compared to what is shown on the originally approved exhibits) and,
therefore, the applicant is being required to submit sign plans for Planning Commission consideration.
4. That, as discussed in paragraphs (15) and (16) of the Staff Report, landscaping, including
trees, shall be installed in the planters being installed in connection with the driveway closures; and that
the petitioner shall request and obtain a conditional use permit for the nonconforming billboard on the
property.
5. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALfFOIRNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to revise previously-approved plans for an auto repair
facility and to amend certain conditions of approval pertaining to closing finro driveways and planting
landscaping in connection with an auto rep~ir facility in a former service station building and a billboard on
a 0.5 acre property located at the southwest corner of Orange Avenue and Magnolia Avenue, and further
described as 601 South Magnolia Avenue (Le's Automobile); and does hereby find that the Negative
Declaration previously approved in connection with Conditional Use Permit No. 4148 is adequate to senre
as the required environmental documentation in connection with this request upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the
previously approved Negative Declaration together with any comments received during the public review
process and further finding on the basis of t'~he initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby deny the request to amend Condition No. 4 to defer the closing of two driveways and the
installation of landscaping, thereby leaving Condition No. 4 in full force and effect.
AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby amend Condition No. 13 of Resolution No. PC99-165, adopted in connection with Conditional Use
Permit No. 4148, to read as follows:
13. That within a period of one (1) month from the date of this resolution, plans
showing all the existing signage on the property shall be submitted to the Planning
Department for review and approval by the Planning Commission as a"Reports
and Recommendations" item:
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby add the
following new conditions of approval:
22. That within a period of six (6) months from the date of this resolution, a conditional
use permit shall be obtained for the existing non-conforming billboard.
23. That with a period of two (2) iinonths from the date of this resolution, the existing
broken planters shall be refurtbished.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 31, 2000.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
C_~~
SECRETARY, ANA M 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 January 31, 2000, by ~he following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
I WITNESS WHEREOF, I have hereunto set my hand this __~y~_ day of
~~ , 2000.
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SECRETARY, HEIM CITY PLANNING COMMISSION
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