Resolution-PC 99-175RESOLUTION N0. PC99-175
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4133 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Perrnit for certain reai property situated in the Ciry of Anaheim, County of Orange, State
of California, described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUSTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION NINE, TOWNSHIP
4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BP.SE AND MERIDIAN, IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID
SECTION IS SHOWN ON THE MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLALNEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOU i HWEST CORNER OF SAID SECTION 9;
THENCE NORTH 89° 14' 25" EAST ALONG THE SOUTH LINE OF SAID
SECTION 85.00 FEET; 7HENCE NORTH 0° 45' 35" WEST 30.00 FEET;
THENCE NORTH 16° 43' 13" EAST 13.05 FEET TO THE NORTHWEST
CORNER OF THE LAND DESCRIBED IN PARCEL 2 IN THE DEED TO STATE
OF CALIFORNIA, RECORDED IN BOOK 3414, PAGE 69, OFFICtAL
RECORDS, AND THE TRU POINT OF BEGINNING OF THE BOUNDARY OF
THE LAND HEREIN DESCRIBED; THENCE NORTH 87° 35' 50" EASTALONG
'~HE NORTHERLY BOUNDARY OF SAID LAND, 146.00 FEET; THENCE
NARTH 0° 45' 35" WEST 201.38 FEET TO THE SOUTHERLY LINE OF THE
LAiJD DESCRIBED IN PARCEL 1 OF SAID DEED TO THE STATE OF
CALfFORNIA THENCE SOUTHWESTERLY, ALONG SAID SOUTHER~'f LINE,
SOUTH 65° 16' 49" WEST 93.85 FEET AND SOUTH 46° 15' 17" FEET TO THE
MOS; SOUTHERLY CORNER THEREOF; THENCE, LEAVING SIAD
SOUTHERLY LINE, SOUTH i6° 43' 13" WEST 158.65 TO THE TRUE POINT
OF BEGINNING.
WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 27, 1999 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 that the hearing was
continuec~ from the Commission meeting of July 7, 1999; and
WHEREAS, said Commission, after due inspection, fnvestigation and study made by
itseif 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 (s authorized by
Anaheim Municipal Code Section 18.46.050.075 to permit and retain an auto repair, auto body and paint
facility.
2, That the appiicant indicated at the public hearing that he will make off-site storage
arrangements and that his business will be in compliance with Cade requirements.
CR3759PK.DOC -1- PC99-175
3. That the use, as approved, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
4. That the size and shape of the site for the use, as approved, is adequate to allow fuil
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, saf :ty and general welfare.
5. That the traffic generated by the use, as approved, will not impose an undue burden upon
the streets ar,d highwa~ s designed and improved to carry the traffic in the area.
6. That granting of this conditional use permit, under the conditions imposed, will not be
detrimentai to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that one letter was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit and retain an auto repair, auto body and paint
faciliry on a 0.44-acre irregularly-shaped property located at the northeast corner of Euciid Street an~1
Lincoin Avenue, having frontages of 146 feet on the ~~orth side of Lincoln Avenue and 159 feet on the
east side of Euclid Street, and further described as 1695 West Lincoln Avenue (Auto Trend Intemational);
and does hereby approve the Negative Declaration upon finding that, based on the representation made
by the applicant that he will make off-site storage arrangements and that his business will be in
compliance with Code requirements, the declaration reflects the independent judgment of the lead
agency and that it has considered the 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 Ciry Pianning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the follo~ving conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve 4he safety and general welfare of the Citizens ~~ the City of Anaheim:
1. That this Conditional Use Permit No. 4133 shall expire on December 31, 200~.
2. (a) That no outdoor storage of, display of, or work on vehicles or vehicular parts or any other
materials shall be permitted; that no overnight parking of vehicles shall be permitted; and
(b) that the applicant shall make off-site sterage arrangements and his business will be in
compliance with Code requirements; and
(c) That within a period of one (1) month from of the date of this resolution, any existing outdoor
storage shall be removed.
3. That no fiags, banners or other advertising shall be displayed; and that no special event permits
shail be issued for this automotive repair business.
4. That wall signs shall be limited to the one (1) sign shown in the submitted photograph on the south
elevation of the facility facing Lincoln Avenue; and that the existing roof sign shatl be refurbished to
the satisfaction of the Zoning Division. Any additional wall signage shall be submitted to the Zoning
Division for review and approval by the Planning Commission as a"Reports and
Recommendations" item.
5. That no freestanding sign shall be permitted uniess the roof sign is removed. Any freestanding sign
shall be submitted to the Zoning Division for review and approval by the Planning Comm(ssion as a
"Reports and Recommendations" item.
6. That the existing abandoned sign pole and light poles shall be removed.
CR3759PK.DOC -2- PC99-175
7. That the existing ga?e located across the driveway shail be r;=°:.^red; and that no required parking
area shall be fenced or otherwise enclosed for storage or oth.sr outdoor uses.
8. That the property shall be permanenUy maintain~d in an orderly fashion thro~gh the provision of
regular landscaping maintenance of the parkway, removal of trash or debris, and removal of gra~ti
within twenty four (24) hours from time of application.
9. That no vending machines visible to any public right-of-way shail be parmitted.
10. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Depahment, Streets and Sanitation Division, and ir, accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information
shali be specifically shown on the plans submitted for Planning Ueparlment and Streets and
Sanitation Division approval.
11. That a pl2n sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
12. That an on-site trash truck turn-around area shall be provided in compliance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
13. The proj~osed Condition No. 13 was deleted at the Planning Commission public hearing.
14. The proposed Condition No. 14 was delefed at the P/anning Commission public hearing.
15. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing co~formance with the most current versions of Engineering Standard Plan Nos.
435 and 6Q2 pertainir,g tr~ parking standards and driveway locations. Subject propertyr shall
2'+areupon be developed and maintained in conformance wtth said plans.
16. That the ground cover in the landscaped parkway shall be refurbished with sod and maintained in a
healthy ana ~.rimmed condition.
17. That the window signage shali not exceed ten percent (10%) of the window area. Any existing
signs in excess of ten percent shall be removed.
18. That subject faciliry shall be subJect to monthly inspections by the City Code Enforcement Divis~on
during the entire duration of this permit. The cost of such inspections shail be paid by the operator
of this facility.
19. That subject property shall be developed substantially fn accordance with plans and specifications
submitted to the City of A~aheim by the petitioner and which plans are on file with the Plann(ng
Department marked Revision No. 1 of Exhibit No. 1, and as conditioned herein.
20. That the fencing or other materials enclosing the outdoor area shall be removed; and that such
enclosure shail be prohibited fn order to discourage outdoor storage of vehicles and parts.
21. That within a periad of two (2) months from the date of this resolut(on, Condition Nos. 6, 7,11,12,
15, 16, 17 and 20, above-mentioned, shall be completed.
22. That within a period of three (3) months from the date of this resolution, Condition Nos.10 and 19,
above-mentioned, shall be completed.
CR3759PK.DOC -3- PC99-175
23. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Maheim Municipal Zoning Code and any other applicable City, State, and
Federal regulations. Approvai does not include any action or findings as to compiiance or approval
of the request regarding any other appiicable ordinance, regulation or requiremenL
BE 17 FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 27, 1999.
~.+%~/ /1 G~%LCGw~~
CHAIRP RSON, ANAHEIM CI PLANNING COMMISSION
A'iTEST:
l~a,R'ACU2~7u ~01~
SECRETARY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commisslon, do hereby cQrtify
that the foregoing resoiution was passed and adopted at a meeting of the Anaheim City Plannin~
Commission held on September 27. 1999, by the followfng vote of the members therec~F.
AYES: COMMISSIONERS: BOS'iWICK, BOYDS7UN, Bi~IgTeoL, ESPING,;'NA~cph~S,~i~RBIL;~
NOES: COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS: ONE VACANT SEAT
~ IN WITNESS WHEREOF, I have hereunto set my hand Ehis~_~d~3r~f
1999.
~-~~aG~~~ ~~~.~'
SECRE'~1y NAHEIM CI iY~~ ,~MG C~MN)jIS$ION
CR3759PK.DOC -4- PC99-175