Resolution-PC 97-116~ ~
RESOLUTION NO. PC97-116
A RESOLUTIQN OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3944 BE GRANTED
WHEREAS, the Anaheim C~ty Planning Commission did receive a verified Petition for
Conditional Use Permit for certain reat property situated in the City of Ar.aheim, County of Orange, Stat2
of Califomia, described as:
THAT PORTION OF VINEYARD LOT "E6" IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF
RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF
LOS ANGELES Ct~UNTY, CALIFORNIA, ~JESCRIBED AS FOLLOWS:
BEGIhNING AT THE NORTHWESTERLY CORNER OF SAID LOT, THENCE
E~:~'fERLY ALONG THE NORTHERLY LINE OF SAID VINEYARD, LOT, 100
FEET; THENCE SOUTHERLY FARALLEL WITH THE WESTERLY LINE OF
SAID VINEYARD LOT, 160.25 FEET; THENCE WESTERLY PARALLEL WITH
THE NORTHERLY LINE QF SAID VINEYARD LOT, 100 FEET TQ THE
WESTERLY LINE OF SAID L07; THE~VCE NORTHERLY ALONG SAID
WESTERLY LINE 160.25 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THE NOR i H 10.25 FEET INCLUDED IN CENTER
STREET.
WHEREAS, the Ciry Pl~nning Commission ~id hold a public hearing at the Civic Center
•r ',he City of Anaheim on June 23, 1997 at 1:30 p.m., n~tice of said public hearing having been duly
,: v~n as reGuired by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
3A~i;"to hear and consider evidence for and against said proposed conditional use permit and to
`. ~~.;r~stfgate and make findings and recommendations in connection therewith; and that said public hearing
was continued to the Augu~t 18, 1997 Pianning Commission meeting; and
W HEREAS, 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 proposed use is properly one for which a conditional use permit is authorized
by Anaheim Municipal Code Section 18.45.050.085 to retain an automotive repair facility.
2. That the proposed tire sales/instalfation and automotive repair use, as conditioned herein
and operating in conformance with all pertinent Code requirements, will not adversely affect the adjoining
land uses nor the growth and development of the area in which it is proposed to be located because the
use has been existing and has not caused a significant adverse impact;
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3. That the size and shape of the subject property and existing building is adequate to allow
the fuli development of the tire sales/installation and motive repair use in a manner not detrimentai to
the particular acea nor to the peace, health, safety and generat welfare;
4. That the traffic generated by the use will not impose an undue burden on the streets and
highways in the area; and that no adverse imaects pertaining to tra~c have been identified from the
previous use;
5. That the granting of the conditional use permit, under the conditions imposed, will not
be detrimental to the peace, heaith, safety and general welfare of the citizens of the City of Anaheim;
and
6. That the conditions of approval are consistent with the Anaheim Municipal Code for the
CG "General Commercial" Zone in which the property is located; that said conditions have been included
duP to the significant number of violations identified at this property in the past; and that the outdoor
hydraulic auto lifts are not permitted, nor have they been in the past, and that these lifts shail be
permanently disabied and non-usable and any future request to utilize them will require a public hearing
before the Planning Commission; and
7. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to :he subject petition.
CALIFORNiA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to retain an automotive repair faciiity on a rectangularly-shaped
0.32-acre property, having frontages of 100 feet on the south side of Lincoln Avenue and 140 feet on
the east side of Citron Street (718 West Lincoin Avenue); and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgement of the lead agency and
that it has considered the Negative Declaration together with any comments received during the pubiic
review process and further finding on the basis of the initial study and any comments received that there
is no substantial evidence that the projact will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City 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 tha proposed use of the subject property in o~ der to preserve
the safety and general weifare of the Citizens of the City of Anaheim:
1. That trash storage areas shall be constructed to the satisfaction of the Public Works Department,
Streets and Sanitation Division, to comply with minimum requirements including the installation of
gates to screen the trash storage bins from view.
2. That no outdoor stora5e of, display of, or work on vehicles or vehicular parts, inciuding tires, shall
be permitted.
3. 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, including storage of vehicles,
vehicle pa~ts or materials shall be allowed outside the buiiding.
4. That the use of the four (4) axisting outdoor hydraulic automobile lifts shall not be permitted; and
that the lifts shall be disabled through removal of the lift "heads °
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5. That automotive vehicle repair, inciuding the sales and instaiiation, repair, and/or replacement of
tires, suspension systems, mufflers, eiectrical systems, fuel systems, brakes, glass, car stereos,
auto parts and accessories, tune ups, lube and oil ~hanges shall be the primary use of this property.
The term "automotive vehicls" shall be limited to automobiles (typicai passenger cars), 2-axle trucks
(not exceeding ten thousand (10,000) pounds gross weight), and incidental recreational vehicles.
The incidental repair, averhaul and/or replacement of transmissions and engines shall be permitted.
Automotive body work, upholstery and ~ainting shail not be permitted.
6. That the existing on-site public telephone adjacent to Citron Street shali be removed and may be
relocated to the interior of the business.
7. That the owner of subject property shall be responsible for the removal of any on-site gra~ti within
twenry four (24) hours of its aaplication.
8. That the property owner shall pay the costs (if any violations are identified) of Code Enforcement
inspections once each month for the first six (6) months from the date of this resoiution, and as
often as necessary thereafter until the subject praperty is brought int~ compliance, or as deemed
necessary by the City's Code Enforcement Division to gain and/or maintain compliance with State
and local statutes, ordinances, laws and regulations.
9. That no banners or other advertising shall be displa~ed within the service oays visible to the public
rights-of-way without a valid Special Event Permit having first been issued by the Planning
Department.
10. That any tree, ahrub, or flower planted on-site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased and/or dead. Further, that any trees or other landscape material
shail not te unreasonably trimmed to increase visibility to the facility.
11. That the landscaping may be hand-watered from a hose bib, provided that adequate irrigation is
provided to promote growth and maintenance of the plant. In the event that hand-watering ~oes
not provide adequate irrigation for plant maintenance, the Code Enforcement Division may require
permanent irric~ation to be installed.
12. That window signs shali not exceed the maximum area permitted by Code.
13. That all the metai ~lag poles and metal posts on the property shzl! be removed.
14. t hthe Public WorksrDepartment Stt eets and Saln tation Dv ision fo~ revfewl'and app ovalubmitted
15. That an on-site trash truck turn-around area shall be provided and maintained to the satisfac!ion
of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be
specifically shown on pians submitted for building permits.
16. That the signage for the subject faciliry shall be limited to that which is currently permitted by ~alid
sign permits. Any additional signage shall be submitted to the Planning Commission for review and
approval as a"Reports and Recommendations" item.
17. That the business shall operate in conformance with the following:
Type of business: Tire sa;es, installation, service and general automotive repair
Business hours: 8 a.m. to 6 p.m. daily
Number of empioyees: Maximum ten (10) at any one time
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18. That minimum one (1) gallon sized vines shall be planted, irrigated and maintained on maximum
three (3) foot centers adjacent to the block walls o~ the south and east property lines to prevent
graffiti opportunities.
19. That the existing freestanding sign shall be fitted with apprepriate sign copy or blank sign panels
until such time as the new tenant sign is installed.
20. That a minimum of three (3), minimum fifteen (15) galton sized, or rivo (2), minimum twenty four
(24) inch box, trees shall be plan:~~d, ircigated snd maintained in the landscape area adjacent to
Lincoin Avenue.
21. That this property shall be maintained substantially in accordance with plans and specifications
submitted tu the City of Anaheim by the petitioner and which plans are on file with the Plannir.g
Department marked Exhibit No. 1; and as conditioned herein.
22. That the planter in fri. .,:t the building shall be extended an additional twelve (12) feet to match
the length of the building and that the planter at the comer shall be extended an additionai nine (9)
feet along Citron Street.
23. That the twelve (12) parking spaces existing on this site are adequate for the proposed use, and
shall be maintained for customer and employee parking.
22. That Condition Nos. 1, 4, 6, 13, 14, 15, 18, 19, 20, 21 and 22, above-mentioned, shall be
completed within a period of sixty (60) days from the date of this resolution. Extensions for further
time to complete said conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
23. That approval of this applica4ion 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.
BE IT FURTHER RESOLVFD that the Anaheim City Pianning Commission does hereby
find and determine that 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 unenforceabie by the final judgment of any court af competent jurisdiction, then
this Resolution, and any approvals herein contained, shali be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 18, 1997.
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CHAIRPERSON ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~i~
SECRETARY, A HEIM CITY PLANNING COMMISSION
~_ PC97-116
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Pianning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning
Commission held on August 18, 1997, by the foilowing vo4e of the members thereof:
AYES: COluIMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand th;s ~~ day of
1937.
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SECRETARY, A HEIM CfTY PLANNING COMMISSION
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