Resolution-PC 2001-14.
RESOLUTION NO. PC2001-14
.
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4151
FOR FIVE (5) YEARS TO EXPIRE OCTOBER 25, 2005
(CUP Tracking No. 2001-04306)
WHEREAS, on October 25, 1999 the Planning Commission adopted Resolution No. PC99-
189 to grant Conditional Use Permit No. 4151 to permit and retain an automotive repair facility (auto body
work) in an existing industrial complex at 3148 East La Palma Avenue, #C; and that Condition No. 10 of
said resolution specified that the use was approved for a period of one year until October 25, 2000; and
WHEREAS, this property is developed with an industrial business park in Development
Area 5(Commercial Area) of the Northeast Area Specific Plan No. SP94-1; and that the Anaheim
General Plan Land Use Element designates the property for General Commercial land uses; and that the
property is located in the Project Alpha Northeast Redevelopment Area; and
WHEREAS, the petitioner has requested reinstatement of this use permit (which expired on
October 25, 2000) to retain an automotive repair facility for the restoration of minor auto body damage
under authority of Code Section 18.03.093.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City o~ Rnaheim on January 47, 2004, at 1:30 p.m., notiee 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 use proposed to be reinstated is properly one for which a conditional use permit is
authorized by the Zoning Code.
2. That the business has complied with the original conditions of approval and the property is
being satisfactorily maintained and, therefore, a reinstatement period longer than one year is justified.
3. That all physical aspects of the property remain the same as when this use permit was
originally approved; and that surrounding land uses in the immediate vicinity have not changed.
4. That the petitioner has shown compliance with the conditions of approval as documented
by Code Enforcement Division and Zoning Division.
5. That this use is being exercised in a manner which is not detrimental to the surrounding
areas or land uses, nor to the public peace, health, safety and generaf welfare.
6. That without the modification of the time limitation, this business would not be allowed at
this property because automotive repair uses, including auto body, require a conditional use permit.
CR5000PK.doc -1- PC2001-14
! !
7. That the use as proposed to be reinstated will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located.
8. That the size and shape of the site for the use as proposed to be reinstated 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.
9. That the traffic generated by the use as proposed to be reinstated will not impose an undue
burden upon the streets and highways designed and improved to carry the tra~c in the area.
10. That reinstating this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
11. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 4151 is adequate to serve as the
required environmental documentation in connectiontwith 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 Anaheim City Planning Commission does
hereby reinstate Conditional Use Permit No. 4151 to retain automotive repair facility for the restoration of
minor auto body damage for a period of five (5) years to expire on October 25, 2005;
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval of Resolution No. PC99-189, adopted in connection with
Conditional Use Permit No. 4151, to read as follows:
1. That the subject use permit shall expire on October 25, 2005.
2. That there shall be no vehicle rental or sales at this property.
3. That window signage shall not be permitted.
4. That no freestanding signs shall be permitted.~'
5. That no banners or other advertising shall be displayed and that no special event permits shall be
issued for this auto repair business.
6. That wall signage for subject facility shall be limited to that which is shown on Exhibit No. 3
(photograph) submitted by the petitioner and approved by the Planning Commission. Any
additional signage shall be submitted to the Planning Commission for review and approval as a
"Reports and Recommendations" item.
7. That the hours of operation shall be limited to 8:00 a.m. to 8:00 p.m., Monday through Saturday,
with a maximum of three (3) employees.
-2- PC2001-14
~ ~
8. That trash storage areas shall be maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division, in compliance with approved plans on file with said Department.
That the storage or overnight parking of vehicles, vehicle parts or business-related materials, and
all work on vehicles (including the washing of vehicles) shall be confined entirely to the interior of
the buildings. Absolutely no vehicle body work, painting or other business-related activities, or
storage of vehicles, vehicle parts or materials shall be allowed in the front or rear yard areas, or on
the roof of the buildings.
10. That there shall be no storage or other outdoor uses in any required parking area.
11. That subject property shall be developed and maintained 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 Nos. 1, through 4, and as conditioned herein.
12. 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.
THE FOREGOING RESOLUTION was,,adopted at the Planning Commission meeting of
January 17, 2001. ~M ,~
CHAI~tP~SON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 17, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WITNESS WHEREOF, I have hereunto set my hand this f 3 day of
~R 2001.
~ )
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2001-14