Resolution-PC 2004-146~ ~
RESOLUTION NO. PC2004-146
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2004-04929 BE GRANTED
(2910 EAST LA PALMA AVENUE)
W HEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
UsePermit for certain real property situated in the City of Anah'eim, County'of Orange, State of California,
described as:'
PARCEL A: PARCEL 2, IN THE CITY OF ANAHEiM, COUNTY OF ORANGE, STAl"E
OF-CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 123, PAGES 46 AND 47 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 13, 2004 at 2:00 p.m., notice ofi said public hearing having been duly given as `
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.66.040.030, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and makefindings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and studymade by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing,'does find
and determine thefollowing facts
1. That the proposed retail sales and installation of automobile window tinting, tire, wheels and
accessories business is properly one for which a conditionalUse permit is authorized by Anaheim Municipal
Code Section 18.120.050.050.0505.
2. That the use has not adversely affected the adjoining land uses and the growth and
development of the area in which it is located as all work and storage is located within the existing building.
3. That the size and shape of the site for the use is adequate to allow the full operation 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 has not imposed an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
5. That the granting of the 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.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning~Director or her -
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That window signage shal( not be permitted.'
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2. That a valid business license shall be obtained from #he City of Anaheim, Business License Division.
3. This use shall be limited to the sales and installation of automobile window tinting, wheels, tires and
audio/alarm systems.' _
4. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within finrenty-four (24) hours from time
of occurrence.
5. That any tree and/or landscaping plant~d on-site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased and/or dead.
6. That customerparking spaces shall be striped and clearlymarked for_"customer parking only", and at
no time shall customer vehicles be stacked, double parked, or left standing'in tandem in front of, or
adjacenYto the buildings.
7. That 4-foot high address numbers shall be displayed on #he roof in a contrasting color to the roof
materiaL The numbers shall not be visible from the view of the street or adjacent properties. Said
information shall be specifically shown on plans submitted for Police Department; Communiry Services
Division approval.
8. That there shall be no vehicle dismantling permitted on the premises.
9. That no amplified sound systems shall be utilized outside the building.
10. That the storage or overnight parking of vehicles, vehicle parts, or business-related materials and all
work on vehicles shall be confined entirely to the interior of the buildings. Absolutely no vehicular 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 building.
11. That no outdoor special events shall be permitted.
12. That the applicant shall be responsible for paying all charges related to the processing of this
discretionary application within 30 days of the issuance of a final invoice. Failure to pay charges may
result in the revocation of this entitlement.
13. 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 filewith the
Planning Department marked Exhibit Nos.1 and 2, and as conditioned herein.
14. That within sixty (60) days from the date of this resolution, Condition Nos. 1, 2, 6, 7, and 13, _
above-mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
15. 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.
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~ BE I'f FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine #hat adoption of this Resolution is expressly predicated upon applicant's 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 7 days of the issuance of the final invoice or
prior to the issuance of building permits fior this project, whichever occurs first. Failure to pay al1 charges
shallresult in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 13, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appe r res and maybe re laced by a City
Council Resolution in the evenf of an appeaL ,
C MA , ANA EIM PLANNING COMMISSION
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SENI CRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CAGFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary bf the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on December 13, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELAZQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: O'CONNELL
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this /~~ day of
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ENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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