Resolution-PC 2004-58• • '
RESOLUTION NO. PC2004-58
A RESOWTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04846 BE DENIED
(1266 EAST LINCOLN AVENUE) '
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for '
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of
California, described as:
PARCEL 1: PORTION OF PARCEL 43. THE EAST 75 FEET OF THE NORTH 185 FEET
OF THE WEST 6 ACRES OF THE EASTERLY HALF OF THE NORTHERLY HALF OF LOT
8 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A
COPY OF WHICH IS SHOWN TO BOOK 3, PAGES 163 AND 164 OF LOS ANGELES
COUNTY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTION THEREFROM THE SOUTHERLY 52-FEET OF THE WESTERLY 61 FEET
THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 17, 2004 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 conditional use permit 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 a tire shop is not a conditionally permitted use in the RM-2400 Zone, and outdoor
storage and tire installation is not permitted in the CL or RM-2400 Zones.
2. That the existing tire shop is not operating in a manner which complies with Code. This use
has a history of non-compliance with numerous Code Enforcement issued Notices of Violation.
3. That the size and shape of the site for the tire sales and installation business is not adequate
to allow the full development of the proposed use in a manner not detrimental to the particular area's peace,,
health, safety, and general welfare.
4. That the granting of Conditional Use Permit No. 2004-04846 would be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim based on the numerous
Anaheim Municipal Code violations pertaining to the business that occurred on the property since 1997.
5. 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, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore,
categorically exempt from the requirement to provide additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings.
CR\PC2004-058 -1- PC2004-58
~ ~
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 17, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to fappeal procedures and may be replaced
by a City Council Resolution in the event of an appeaL ~ ,, _
C AIRPERSON, ANAHEIM CITY PLANNING~COMMISSION
AT ST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ANAHEIM )
I, Pat Chandler, 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 P{anning
Commission held on May 17, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BOSTWICK
~ IN WITNESS WHEREOF, I have hereunto set my hand this _~ day of
! ~I i,1~1!~l~~ _, 2004. r-,
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC2004-58