Resolution-PC 2000-63• •
RESOLUTION NO. PC2000-63
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4023
FOR FIVE (5) YEARS TO EXPIRE ON MAY 22, 2005,
AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98-89,
AS AMENDED AND AS ADOPTED THEREWITH
(tracking number Conditional Use Permit No. 2000-04204)
WHEREAS, on May 27, 1998 the Planning Commission adopted Resolution No. PC98-89
to approve, in part, Conditional Use Permit No. 4023 to retain a 3,000 sq.ft. tire sales, repair and
installation facility for one year (to expire ori May 27, 1999) on property located at 837 East Orangethorpe
Avenue (S. Cervantes Tires); and
WHEREAS, said Resolution No. PC98-89 was subsequently amended on August 2, 1999
when the Planning Commission adopted Resolution No. PC99-144 to amend the conditions of approval
pertaining to the expiration date, the business hours and the number of employees; and that Condition
Nos. 5 and 10 were amended to read as follows:
5. That the business shall operate as follows, unless specifically modified by the
Planning Commission:
Type of business: Tire sales, repair and installation
Business hours: 7:30 a.m. to 7:00 p.m. daily
Number of employees: Maximum three (3) employees at any one (1) time
10. That this conditional use permit is hereby granted to expire on May 27, 2000.
WHEREAS, this property is developed with a multi-tenant industrial building, including "S.
Cervantes Tires"; that the property is zoned ML (Limited Industrial); and that the Anaheim General Plan
designates this property for General Industrial land uses; and
WHEREAS, the petitioner requests reinstatement of Conditional Use Permit No. 4023
under the authority of Code Sections 18.03.092, 18.03.093 and 18.61.050.070 of the Anaheim Municipal
Code to retain a tire sales, repair and installation facility, and to amend the conditions of approval
pertaining to the types of automobile repair and service permitted in conjunction with this business in
order to perform alignments and brake installations in addition to tire sales, repair and installation; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 22, 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 the proposed use, as amended, is properly one for which a conditional use permit is
authorized by the Zoning Code in the ML (Limited Industrial) Zone.
2. That this business has been operating in the approved manner and in compliance with
the conditions of approval.
3. That this business is being operated in a manner not detrimental to the surrounding
properties, or to the health, safety and well being of the citizens of Anaheim.
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4. That this businesses and the premises are maintained in good condition and, as
amended, will not be a detriment to the surrounding community.
5. That the request to amend the repair and services offered by the business will not result
in the intensification of the facility to the point where it will adversely impact the surrounding properties
because the request is for minor brake repair/replacement and wheel alignments.
6. That the proposal, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
7. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
8. That the traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
9. That granting this reinstatement and amending the use, under the conditions imposed,
will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of
Anaheim.
10. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain a tire sales, repair and installation facility and
to amend conditions of approval pertaining ~to the types of automobile repair and service permitted in
conjunction with subject business on a 0.8-acre rectangularly-shaped property located at the northwest
corner of Orangethorpe Avenue and Orangethorpe Park (a private street), having frontages of 162 feet on
the north side of Orangethorpe Avenue and 215 feet on the west side of Orangethorpe Park, and further
described as 837 East Orangethorpe Avenue (S. Cervantes Tires); and does hereby find that the
Negative Declaration previously approved in connection with Conditional Use Permit No. 4023 is
adequate to serve as the required environrnental 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 the 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 Planning Commission does hereby
reinstate and approve Conditional Use Permit No. 4023 (tracking number: Conditional Use Permit 2000-
04204) for five (5) years to expire May 22, 2005; and
BE IT FURTHER RESOLVE~~D that the Planning Commission does hereby amend, in their
entirety, the conditions of approval of Resolution No. PC98-89, adopted in connection with Conditional
Use Permit No. 4023 and amended by Resolution No PC99-144, to read as follows:
1. That no outdoor storage of, display of, or work on vehicles or vehicular parts, including tires, shall be
permitted.
2. That the business shall operate as follows unless specifically modified by the Planning Commission:
Type of business: Tire sales, repair and installation; brake repair and installation; and wheel
alignments
Business hours: 7:30 a.m. to 7:00 p.m. daily
Number of employees: Maximum three (3) employees at any one (1) time
3. That this conditional use permit is hereby granted to expire on May 22, 2005.
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4. That all existing landscaping shall be maintained in conformance with landscaping plans approved in
conjunction with Conditional Use Permit No. 4023. Any dead or diseased plants or trees shall be
replaced in a timely fashion.
5. That signs shall be limited to those permitted in conjunction with Conditional Use Permit No. 4023.
Any proposed new signs shall be s'ubmitted to the Zoning Division for review by the Planning
Commission as a"Reports and Recommendations" item.
6. That no vending machines shall be placed outside the building.
7. That no window signs shall be permitted.
8. That no public telephones shall be placed outside the building.
9. That no banners or other advertising shall be displayed within the service bays facing the public
rights-of-way unless a Special Event Permit is first obtained to authorize said display.
10. That the property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit No. 1(Comditional Use Permit No. 4023), and as conditioned herein.
11. 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 n~ot include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation, or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 22, 2000.
,
;fG:Ct-(J ~ ~CAi~~
~ HAIRPERSON, ANAHEIM CI PLANNING COMMISSION
ATTEST:
~~
SECRE ARY NAHEIM CITY PLANNING COMMISSION
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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 May 22, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2000.
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SECR TA ANAHEIM CITY PLANNING COMMISSION
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