Resolution-PC 97-84~ ~
RESOL'JTION NO. PC97-84
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PLTITION FOR CONDITiONAL iJSE PERMIT NO. 3942 BE GRANTED
WHEREAS, the Anaheim City Flanning Commission did receive a verifled PetiUon for
Condftional Use Permit for certain real property situated in the Ciry of Anahefm, County af Orange, State
of Calffomia, described as:
PARCEL 1:
THE WESTERLY 40.50 FEET OF LOT 2 AND THE EASTERLY 39.50 FEET OF LOT 3 OF
BURKLE'S SUBDIVISION OF A PORTiQN OF VINEYARD LOT E7, AS SHOWN ON A BAAP
RECORDED IN BOOK 1, PACE 36 OF MISCELL4NEOUS MAPS, RECORDS OF OFVWGE
COUNTY, CALIFORNIA.
IXCEPTING THEREFROM, TFlE NORTHERLY 10.25 FEET.
PARCEL 2:
THE SOUTHERLY 41.50 FE~T OF LOT 1, THE SOUTHERLY 41.50 FEET OF THE
EASTERLY 19.50 FEET OF LOT 2, THE NORTHERL`f 1.50 FEET OF LOT 6, AND THE
NORTHERLY 1.50 FEET OF THE EASTERLY 19.50 FEET OF LOT 7, ALL OF SURKLE'S
SUBDIVISION OF A PORTION OF VINEYARD LOT E"1, AS SHOWN UN A MAP
RECORDED IN BOOK 1, PAGE 36 OF MISCELLANEOs iS ivIAPS, RECORDS OF ORANGE
COUNTY, CALIFOHNIA
WHEREAS, the Ciry Planning Commission did hdd a public hea~Ing at the Civic Center
in the City of Anaheim on June 23, 1997, at 1:30 p.m., notice of said public hea~irg having been duly yiven
as required by law and in accordance wfth the provisfons of the Anaheim Mu:~icipal Code, Chapter 18.03,
to hear and consider evidence for and ~gainst said proposed conditional u~rs permit and to investfgate and
make findfngs and recommendations in connection therewith; and -
WHEREAS, said Commission, after due inspection, :nvestigation and study made by ftself
and in its behalf, and after due cons(deration of all evidence and reports off~re+~ at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditSor.al use permft (s authorized by
Anahel~n Municipal Code ~ection 18.45.050.085 to retain an automothie repair facility.
2. That the proposed use, tire installation and automotive repair in the CG "Commerciai,
General' Zone, is prope~ly one for whfch a condftional use permit is authorized by the Zoning Code;
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3. That the proposed use will not adversely affect the adjointng land uses and the growt7~ and
development of the area in which it is proposed to be located because the tire sales/instaltation and
automotive repair use, as conditioned and operating in conformance with all pertinent ~ode requUements,
will not adversely affect the adjotning land uses nor the peace, health, safety and general weifare; and
that the use is curreMly existing and has not caused a signfflcant adverse tmpact, although Cale vidations
have been IdentiRed and, therefore, this use permit shall ba condiUoned to insure a better physicai
ernironment and compliance with Code requfrements;
4. 1'hat the stze and shape of the site for the proposed use and existing building is adequate
to allow the full development of the tire sales/installation and automotive repair use in a manner not
detrimental to the partlcular area nor to the peace, heatth, safety and general welfare;
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because no adverse impacts
pertaining to traffic have been identffied in connection with the existing use;
6. That the granting of the conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safery and general welfare of the citizens of the Ciry of Anaheim;
7. That the conditions of approval, coMained herein, are consistont wfth the Anahefm
Municipal Code for the CG Zone in which the property fs located; and that some of the conditions pertain
speciflcally to subject property and fts use while others are Code requirements which are routinely
inspected and monftored for compliance by Code Enforcement staff, and that these other condftions have
been included due to the sign'rficant number of vidations ident~ied at this properry {n the past; and
8. That no one indicated 4heir presence at said public hearing in opposftion; and that no
correspondence was receh~ad in opposhion to the subject petition.
~AUFORNIA ENVIRONMENTAL QUALITY ACT FINDINu: That the Anaheim City Pianning
Commission has reviewed the proposal to retain an automotive repair facility on a 0.37-acre irregularly-
shaped property la:ated south and west of the sauthwest comer of Lincoln Avenue and Cftron Street with
frontages of 80 feet on the south side of Uncoln Avenue and 42 feet on the west side of Cftron Street (808
West Uncoln Avenue - Winston Tire); and does hereby approve the NegatNe Declaration upon flnding that
the declaration reflects the independent judgement of the lead agency and that R has cons(dered the
Negative Declaration together wfth any comments receNed during the public review process and further
findfng or the basis of the initfal study and any comments receNed that there (s no substantial evidence
that the project will have a signiflcant effect on the emrironment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant sub~ect Petftion for Conditfonal Use Permit; upon the follow(ng condftions which are hereby
found to be a necessary prerequ(site to the proposed use of the subject property in order to preserve the
safery and general welfare of the Cftizens of the Ciry of Anaheim:
1. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, to comply with minimum standards, including the installation of doors
to screen bins from vEew.
2. That no outdoor storage of, display of, or work on ~~ehicles or vehicular parts, excepi for vehicles that
exceed the height of the bay, shall be permitted; and that all ex(sting outdoor dis~~lay, includfng tire
displays and portable signs, shall be removed and that no outdoor work shall be conducted at any
time.
3. That any on-site publfc telephones shall be located inside the building.
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4. That the owner of the subJect propetty shall be responsible for t~tie removal of any on-site graffiti
wfthfn twenty four (24) hours of fts applfcatfon.
5. That no banners or other advertising shall be displayed within,the service bays visible from the public
rlghts-of-way unless a valid Special Events Permit has baen ubtained.
6. (a) That any tree, shrub, or flower planted on-site shall be re~laced in a timety manner in the event
that ft is removed, damaged, diseased, and/or dead; and
(b) TFuit any trees or other landscape mate~ial shall not be unreasonably trimmed to afforcl
increased visibiliry of the facility.
7. That no outdoor ovemight vehfcle parking shall be permftted. except for cars dropped ofr for sen.dce
the following day.
e. That the business shall operate as fdlows, as described by the petftioner:
Type of Business: Tire sales, installatfon, service and general automotNe repair
Business Hours: 7 a.m. to 9 p.m., seven days per week
Number of Employees: Maximum ten (10) at any one time
9. That automotive vehicle repair, including the sales and Installation, repair and/or repiacsment of ttres,
suspension systems, mufflers, electrical systems, fus! systems, brakes, giass, car stereos, suto parts
and accessories, tune ups, lube ar-d oil changes, shall be the primary use of this property. The term
"automotNe vehicle' shall be limked to automobiles (typical passenger cars), 2-axie trucks, not
exceeding ten thousand (10,000) pounds gross we(ght, and inc n I recreational vehicles. The
!n f nt I repair, ovefiaul and/or replacement of transmissions and engines shall be permttted.
Automotive body work, upholstery and painting shall not be Perrnitted•
10. That the legal properry owner shall record a covenant, in a form approved by the City Attomey, to
hold all the properties which comprise the subject properry as one (1) parcel. Fdlowing recordation,
a copy of the covenant shall be submitted to the Public Works !7epartment, Development Services
Division.
11. That the existing landscaping may be hand-watered from a hose b(b, provided that adequate irrigation
is provkled to promote growth and maintenance of the plants. In the event that hand-watering does
not provide adequate irrigation for plant maintenance, the Code Enforcement Division may require
that permanen~ Tigation be installed.
12. That wfndow signs shall meet all appllcable Cade requfremonts.
13. That subject property shall be developed substarrtially in accordance with plans and speciflcations
submitted to the City of Anaheim by the petitioner arxi which plans are on file with the Planning
Department marked Exhibit No. 1, ~nd as conditioned herein.
14. That Condition Nus. 1, 10 and 13, above-mentioned, shall be completed within a period of sbctY (60)
days ftom the date of this resolution.
15, That signage for the business described here(n shall k~e Ilmited to that which is curcently permitted
by valid sign peRnits. Any additional signage shall be subject to the prior review arxi approval by
the Planning Commission as a'Reports and Recommendatfons' Item.
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16. That approval of this application constftutes approval of the proposed request only to the eMent that
it complies with the Anaheim Municipal Zontng Code and any other applicable Ciry, State and Federal
regulations. Approval daes not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulatton or tequtrement.
BE IT FURTHER RESO~VED that the Anaheim Cfry Planning Commissfon does hereby ftnd
and determine that adoption of this Resolutfon ts expressly predfcated upon applicant's compl(ance with
each and all of the condftions hereinabove set forth. Should any such condRton, os any part thereof, be
declared invalid or unenforceabte by tt~e ftnai Judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTIO~! was adopted at the Planning Commisslon meeting of
June 23, 5997.
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CHAIRPER ON ANAHEIM CITY PLANNING COMMISSION
AT~EST:
' ~~._
SECRETA Y, AN EIM CI?Y PLANNING COMMiSSION
STATE OF CAIJFORNIA )
COUhN OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Sdo~lo, Secretary of the Anaheim City Plann(ng Co~~iminsto~, do herPby certify
that the foregoing resolution was passed and adopted at a meeting of ti:a Anaheim City Planning
Cornmission held on June 23, 1997, by the following vote of the membars thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSEM: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this ~3~day of _~~~
1997. (
[.u wf~V 1~l5WLfCl.d
SECRETARY, AN EIM CITY PLANNIPVG COMMISSION
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