Resolution-PC 99-27RESOLUTION NO PC99-27
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING AN AMENDMENT TO CONDITIOIJAL USE PERMiT NO. 3843
WHEREAS, on June 10, 1996, the Planning Commission adopted Resolution No. PC96-
55 to approve Conditional Use Permit No. 3843, in part, and permit used automobile sales and automotive
vehicle repair, with retail sales and installation of accesscry automobile parts in a former gasoline service
station at 2600 West Lincoln Avenue for a period of one year (waiver of permitted encroachments into a
required setback was denied); that on November 10, t997, Commission approved an extension of time
until June 10, 1998 to comply with the conditions of approval; and that on July 6, 1998, Commission
adopted Resolution No. PC98-106 to reinstate and permit this conditional use permit until June 10, 1999;
and
WHEREAS, this property is developed with a 1,586 sq.ft. former gasoline service station
building currently utilized for tire sales and installation, automobile repair with acc~ssory sales of parts,
and used automobiie sales; that the proper:y is zoned CL (Commercial, Limited); and that the property is
located in Community Planning Area No. 3 and in the West Anaheim Commercial Corridors
Redevelopment Area; and
WHEREAS, the City Planning Commission did receive a request to amend this
conditional use permit to ailow two separate businesses within one existing automobile sales and repair
facility; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 17, 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
continued from the November 23, 1998 Commission meeting; 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. 7hat the proposed amendment is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Sectiuns 18.44.050.060 and 18.44.050.085 to permit lwo separate
businesses within one existing automobile sales and repair facility.
2. That the proposed amendment is hereby denied because testimony received at the
November ;?d, 1998 hearing indicated that numerous violations were observed and remain unresolved
and constitute ~isual blight in an area where Community Planning Program and Community Development
Department efforts strive to restore quality commercial and residential neic~hborhoods to West Anaheim;
and that the proposal would, therefore, adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
3. That the size and shape of the site for the proposed amendment is not adequate to allow
full development of the proposal in a manner not detrimental to the particular area nor ta the peace,
health, safety and general welfare of the Citizens of the City of Anaheim; and that permitting tv~o separate
businesses at this location would further intensify use of this property which currently does not comply
with the existing conditions of approval of this condition2l use permit.
4. That amending this conditional !~se permit, as proposed, would be detrimental to the
peace, health, safety and general welfare of the Citizens of lhe City of Anaheim.
5. That the traffic generated by the use, as proposed to be amended, would impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
CR356dPK.DOC _i _ P~99-2~
6. That the condition of the property, faiiure to comply with conditions of approval and
ongoing Code violations attest to this use being exercised in a manner which is detrimental to the pubiic
peace, health, safety and general welfare.
7. That the Community Development Department indicates this existing auto repair
operation and the manner in which this permit is currentiy being exercised is not consistent with the goals
of the West Anaheim Commercial Corridors Redevelopment Plan.
8. That no one indicated their presence at the pubiic hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIR~JNMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposed amendment to Conditional Use Permit No. 3843 to
permit two separate businesses within one existing automobile sales and repair facility on a 0.29-acre
irregularly-shaped property located at lhe southwest corner of Lincoln Avenue and Magnolia Avenue with
frontages of 128 feet on the south side of Lincoln Avenue and A5 feet on the west side of fvlagnolia
Avenue, and further described as 2600 West Lincoln Avenue (Wheel Service Texaco); and does hereby
determine that the Negative Declaration previously approved in connection with this conditional use permit
is not adequate to serve as environmental documentation for the proposed amendment 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
substantial evidence that approval of the proposal would have a significant effect on the environment.
NOW, THEREFORE, BE IT RESQIVED that ihe Anaheim City Planning Commission
does hereby deny the proposed amendment to Conditional Use Permit No. 3843 on the basis of lhe
aforementioned findings.
THE FOREGOING RESOLUTION , s~ pted ' e Planning Commission meeting of
February 17, 1999.
,~ .,
CHAIRPE , N, ~NAHEIM CITY PLANNING COMMISSION
ATTEST:
I f~~~K2P~J ~~4le~l~
SECRETARY, AN HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 Planning
Commission held on February 17, 1999, by the following vote of the members thereof:
FiYES: COMMISSIONERS: BOSTWICK, BOYD37t1N, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WfLLIAMS
~. IN WITNESS WHEREOF, I have hereunto set my hand this ~`~~ day of
~~_, 1999.
~~~ ~~~
SECRETARY AN/~HEIM CITY PLANNING COMMISSION
'2- PC99-27