Resolution-PC 2001-166•
RESOLUTION NO. PC2001-166
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4097
FOR ONE (1) YEAR TO EXPIRE ON DECEMBER 31, 2002,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL
WHEREAS, on March 23, 1999, the Anaheim City Council adopted Resolution No. 99R-61
to grant Conditional Use Permit No. 4097 and reinstate an automotive repair facility within an existing
1,056 sq.ft. service station structure at 420 South State College Boulevard for one year; and that said
resolution includes the following condition of approval:
24. That this conditional use permit is granted for a period of one (1) year to expire on
December 31, 2001.
WHEREAS, this property is developed with a service station converted to an automotive
repair facility (C & M Automotive); that gasoline sales have been discontinued for several years, and the
tanks, canopy and dispensers have been removed; and that the property is zoned CL (Commercial,
Limited); and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which
will expire on December 31, 2001, to retain the automotive repair facility under authority of Code Section
18.03A93 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 19, 2001, 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 al! evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is property one for which a conditional use permit is authorized by
the Zoning Code in the CL "Commercial, Limited" zone.
2. That the proposal, as conditioned herein, wil! not adversely affect the adjoining land uses
and the growth and development of the area in which it is located.
3 That the size and shape of the site for the use 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.
4. 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.
5. That granting this reinstatement, under the conditions imposed, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim.
Tracking No. CUP 200J-04463
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6. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission.
7. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare.
8. 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. 4097 is adequate to serve 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 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 approve reinstatement of Conditional Use Permit No. 4097 for one year; and
BE IT FURTHER RESOLVED that the Planning Commission does amend the conditions of
approval of Resolution No. 99R-61, adopted in connection with Conditional Use Permit No. 4097, in their
entirety to read as follows:
That this conditional use permit shall expire one (1) year from the expiration date previously
approved (December 31, 2001) on December 31, 2002.
2. That a six (6) foot high masonry block wall shall be maintained along the east property line.
Minimum five (5) gallon sized clinging vines shall be maintained on maximum five (5) foot centers
adjacent to said wall to eliminate graffiti opportunities. Said vines shall be properly irrigated and
maintained.
3. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within finrenty
four (24) hours from time of occurrence.
4. That a minimum of six (6), twenty four inch (24") box sized, trees shall be maintained in the
landscaping planter areas along and immediately adjacent to State College Boulevard and
Westport Drive.
5. That all landscaped planters along the east, south and west property lines shall be maintained in
compliance with City standards.
6. That public telephones shall be permitted and maintained either within the building or within fifteen
(15) feet of the entry to the buiiding.
7. That vending machines shall not be permitted.
8. That window signage shall not be permitted
9. That propane tanks shall not be permitted.
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10. That banners or other advertising shall not be displayed; and that special event permits shall not
be issued for this automotive repair business.
11. That signage for subject facility shall be limited to that shown on the exhibits submitted by the
petitioner and approved by the Planning Commission. Any additional signage shall be subject to
review approval by the Planning Commission as a"Reports and Recommendations item."
12. That plans shall be maintained, as approved by the City Traffic and Transportation Manager,
showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 602
pertaining to parking standards and driveway locations. Subject property shall be developed and
maintained in conformance with said plans.
13. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
14. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
cfinging vines planted on maximum three (3) foot centers or tall shrubbery.
15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be maintained
with the Public Works- Department, Streets and_ Sanitation Di.vision.
16. That an on-site trash truck turn-around area shall be provided in compliance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division.
17. That no outdoor storage shall be permitted for this property.
18. That outdoor storage of, display of, or work on vehicles or vehicle parts or materials shall not be
permitted.
19. That lighting for this facility shall be designed and positioned in a manner so as not to unreasonably
illuminate or cause glare onto adjacent or nearby streets and/or properties.
20. That no freestanding sign shall be permitted.
21. That subject property shall be 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, 2 and 3, and as conditioned herein.
22. That the subject facility shall be subject to quarterly inspection by the Code Enforcement Division.
The cost o€ such inspection sha(I be borne by the operator of the facility.
23. That approval of this application constitutes approval of the proposed request only to the e~ent 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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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 19, 2001.
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CHAIRP ON, ANAHEI ITY PLANNING COMMISSION
ATTEST:
/( ~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 November 19, 2001, by the following vote of the members thereof:
AYES: COMMISSlONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
r, 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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