Resolution-PC 99-89~(; LUTION NO. PC99-89
A RESOLUTIQN OF THE ANAHEIM CIN PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PtRMIT NO. 3843, AND
AMENDING CERTAIN CON~ITIONS OF APPROVAL OF RESOLUTION NO. PC96-55,
AS AMENDED BY RESOLUTION. NO. PC98-106, ADOPTED THEREWITH
WHEREAS, on June 10, 1996, Resolution No. PC96-55 was adopted by the Pianning
Commission to permit used automobile sales and automotive vehicle repair with retail sales and
installation of accessury automobile parts in a former gasoline service station at 2600 West Lincoln
Avenue (southwest corner of Lincoln Avenue and Magnoiia Avenue) for a period of one year; and
WHEREAS, on July 6, 1998, Resolution No. PC98-106 was adopted by the Planning
Commission to amend said Resolution No. PC96-55 to reinstate and approve Conditional Use Permit No.
3843 for an additional year, and to amend Condition No. 2(pertaining to the use permit expiring on June
10, 1999), Condition No. 12 (pertaining to retaining and painting existing wrought iron fencing to enclose
nightly storage of cars for sale) and Condition No. 13 (pertaining to relocating and screening a trash
enclosure with landscaping), and lo add new Condilion No. 22 (pertaining to paying for monthly
inspections by Code Enforcement staffl; and
WHEREAS, this properly is developed with a 1,586 sq.ft. former gasoline service station
building currently utilized for tire sales and installation, automobile repair with accessury sales of parts,
and used automobile sales; that the property is zoned CL (Commercial, Limited) and is located within
Community Planning Area ho. 3; that the property is also located within the West Anaheim Cc~mmercial
Corridors R~development Area; and that the Anaheim General Plan designates this property for Med~um
Density Residential land uses; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit,
pursuant to Code Section 18.03.093 of the Anahe(m Municipal Code; and
WHEREAS, the City Planning Commission did hold a pubiic hearing at the Civic Center fn
the City of Anaheim on May 24, 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 Wlunicipal Code, ~hapter 18.03,
to hear and consider evidence for and against said proposed amendment and to investigate and make
findings and recommendations in cc~nection therewith; and
WHEREAS, said Commission, after due inspection, investigation 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 lhe proposed use is properl~ one for which a conditional use permit is aul~orized by
lhe Zoning Code.
2. That reinstatfng thQ use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is located.
3. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimen`.al to r.he particular area nor to the peace, health, safely s~d general
welfare.
4. That the traffic generated by the use will not impose an undue burden upon the streets
and highways desir~ned and improved to carry the tra~c in the area.
5. 7hat granting this relnstatement, under the conditlons (mposed, wili not be detrimental to
the peace, health, safety and general welfare of the citizens of the City oF Anaheim.
CR3645PK.DOC -1- PC99-89
6. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originaliy approved by the Planning Commission.
7. That this conditional use permit is being exercised in a manner not detrimentai to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare.
8. That no one indicated their presence at the public hearing in upposition to the proposai,
that one concerned person spoke, and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDiNG: That the Anaheim City
Planning Commission has reviewed the proposal to reinstate this conditional use permit on a 0.3-acre
irregularly-shaped property located at the southwest corner of Lincoln Avenue and Magnolia Avenue with
frontages of 128 feet on the south side of Lincoln Avenue and 85 feet on the west side of Magnolia
Avenue, and further described as 2600 West Lincoln Avenue (Wheel Servir.e Texaco); and does hereby
find that the Negative Declaration previously approved in connertion with Conditional Uss Permit No.
3843 is adequate to sen~e as the required en~~ironmental documentation in connection with this request
upon finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the previously approved 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 th~t
there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC96-55, as amended by Resolution No. PC98-106 and adopted in
connection with Conditional Use Permit No. 3843, to reinstate this conditional use permit and to amend
Condition Nos. 2 and 22 therein to read as follows:
2. That this conditional use permit shall expire on June 10, 2000.
22. That the applicant shall pay for six (6) code enf cement inspections to be
conducted randomly throughout the on () year ap roval period, or as deemed
necessary by the Code Enforceme D' isi n.
THE FOREGOING RESOIU O a opt at the Planning Commission meeting of
May 24, 1999. ~
ATTEST: /I ~b/~G~~ S~fl/~L4~ ~' \
~ ~~
SECRETARY, ANAH IM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita So(o~io, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resoiution was passed and adopted at a meeting of the Anaheim City Planning
Commissian held on May 24, 1999, by the following vote of the members thereof:
AYES: COP~AMISSIONERS: BOSTWICK, BOYOSTUN, BRISTOL, KOOS, ~APOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISS~ONERS: ESP(NG
IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of
~, 1999. ~/ (~~2~1~~~C~ ~~p~~'
/ ^' !~
SECRETAFiY, NAHEIM CITY PLANNING COMfvilSSION
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