Resolution-PC 2003-95• ~
RESOLUTION NO. PC2003-95
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3843,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC96-55,
AS AMENDED AND ADOPTED THEREWITH
WHEREAS, on June 10, 1996, the Anaheim City Planning Commission did, by its Resolution
No. PC96-55, grant Conditional Use Permit No. 3843, in part, to permit used automobile sales and
automotive repair with retail sales and installation of accessory automobile parts in a former gasoline service
station at 2600 West Lincoln Avenue; that the proposed waiver of permitted encroachments into required
setbacks was denied; and that Condition No. 2 of said resolution specified that the use would expire in one
year on June 10, 1997; and
WHEREAS, on November 10,1997, the Planning Commission did, by its Resolution No. PC97-
158, amend Condition No. 2 of Resolution No. PC96-55 to permit the use for an additional year until June 10,
1998; and
WHEREAS, on July 6, 1998, the Planning Commission did, by its Resolution No. PC98-106,
reinstate this Conditional Use Permit and amend the conditions of approval, including Condition No. 2 to
specify that the use would expire on June 10, 1999; and
WHEREAS, on February 17, 1999, the Planning Commission did, by its Resolution No. PC99-
27, deny a proposed amendment to permit two separate businesses within one existing automobile sales
and repair facility; and
WHEREAS, on May 24, 1999, the Planning Commission did, by its Resolution No. PC99-89,
reinstate this Conditional Use Permit and amend the conditions of approval, including Condition No. 2 to
specify that the use would expire on June 10, 2000; and
WHEREAS, on June 19, 2000, the Planning Commission did, by its Resolution No. PC2000-
83, reinstate this Conditional Use Permit and amend the conditions of approval, including Condition No. 1 to
specify that this Conditional Use Permit would expire in three years on June 19, 2003; and
WHEREAS, this property is developed with a 1,586 sq.ft. former gasoline service station
building utilized for retail tire sales and installation, automobile repair with accessory sale of parts, and used
automobile sales (Wheel Service Texaco); that the underlying zoning is CL (Commercial, Limited); that the
Anaheim Generaf Plan designates the property for Medium Density Residential land uses; and that this
property is located within the West Anaheim Commercial Corridors Redevelopment Project Area; and
WHEREAS, the petitioner requests reinstatement of this Conditional Use Permit to retain the
retail tire sales and installation, automobile repair with accessory sales of parts, and used automobile sales
in a former gasoline service station pursuant to Section 18.03.093 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 June 30, 2003, 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 use, as proposed to be reinstated, is properly one for which a conditional use permit
is authorized by the Zoning Code; and that there have been no changes to the applicable zone standards
that would invalidate the findings that were the basis for the original approval of this Conditional Use Permit.
Tracking No. CUP2003-04717
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2. 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.
3. That the size and shape of the site for the use, as amended, 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, as amended, 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 detrimentai to the
peace, health, safety and general welfare of the citizens of the City of Anaheim.
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; and that
the Code Enforcement Division has inspected the premises and determined that the business is currently in
compliance with all applicable conditions of approval.
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 modification of the conditions of approval is reasonably necessary to protect the public
peace, health, safety or general welfare, or necessary to permit reasonable operation under the conditional
use permit as granted.
9. That no one indicated their presence at the public hearing in opposition to the request; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to retain retail tire sales and installation, automobile repair with
accessory sales of parts, and used automobile sales in a former gasoline service station on property
consisting of a 0.29-acre parcel located at the southwest corner of Lincoln Avenue and Magnolia Avenue
with frontages of 150 feet on the south side of Lincoln Avenue and 95 feet on the west side of Magnolia
Avenue and further described as 2600 West Lincoln Avenue (Wheel Service Texaco); and does hereby find
that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3843 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 amend Resolution No. PC96-55, adopted in connection with Conditional Use Permit No. 3843 and
amended by Resolution Nos. PC97-158, PC98-106, PC99-89 and 2000-83, to reinstate this Conditional Use
Permit;
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend the
conditions of approval in their entirety to read as follows:
1. That this Conditional Use Permit shall expire on June 19, 2008.
2. That the parking lot shall be properly maintained and repaired when necessary to prevent potholes and
uneven surfaces and to ensure that parking spaces are properly marked.
3. That no outdoor storage of, display of, or work on vehicles or vehicle parts shall be permitted; and that
all work on vehicles shall be conducted wholly inside the building.
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4. That no banners, pennants or balloons shall be permitted unless a Special Event Permit is first obtained
from the Planning Department.
5. That no banners or other advertising shall be displayed within the service bays facing the public rights-of-
way (i.e., Lincoln Avenue or Magnolia Avenue) unless a Special Event Permit has first been obtained
from the Planning Department.
6. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
7. That no inoperable vehicles or vehicle parts shall be stored on the premises outside the building.
8. That a maximum of four (4) cars available for sale may be displayed at any one time.
9. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the Ciry of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit No. 1.
10. That the existing wrought-iron fence shall be continuously maintained in good condition.
11. 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.
12. That the signage for this business shall be limited to the existing permitted wall sign.
13. 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 June
30, 2003.
CHAIRPERSON, ANAH M CITY PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 June 30, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, O'CONNELL, VANDERBILT
NOES: COMMISSIONERS: KOOS, ROMERO
VACANCY: COMMISSIONERS: ONE
IN WITNESS WHEREOF, I have hereunto set my hand this~ day of
2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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