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Resolution-PC 2000-13~ ~ RESOLUTION NO. PC2000-13 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC99-165, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 4148 WHEREAS, on September 13, 1999, Resolution No. PC99-165 was adopted by the Planning Commission to grant Conditional Use Permit No. 4148 to permit and retain an existing auto repair facility in a former gasoline service st~ation for a period of five years until September 13, 2004; and that said resolution includes the following conditions, both of which were to be complied with within three months after the resolution was adopted: 4. That the existing driveways closest to the intersection of Orange Avenue and Magnolia Avenue shall be removed and replaced with standard curb, gutter, sidewalk and landscaping. 13. That the existing building wall signage shall be modified to remove the words "minimart" and any duplicate ~copy on any building elevation; and that the signage for the property shall be limited to that which is shown on the approved exhibits. Any additional signs, including any freestanding sign, shall be submitted to the Planning Department for review and approval by the Planning Commission as a "Reports and Recommendations" item. WHEREAS, the property is developed with an auto repair facility (Le's Automobile) in a former service station building and a billboa'rd at 601 South Magnolia Avenue; that the underlying zoning is CL (Commercial, Limited) and the General Plan land use designation is General Commercial; and that the billboard (which has a 72 sq.ft. display area) is legally non-conforming because it was constructed prior to current Zoning Code regulations when a billboard was permitted in this zone at this location at the intersection of two arterial highways; and WHEREAS, the petitioner, under the authority of Code Section 18.03.092, requests approval to revise previously-approved plans for the auto repair facility and to amend certain conditions of approval pertaining to closing two driveways and planting landscaping, in order to temporarily defer said driveway closure and landscaping; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 31, 2000, 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 amendment and to investigate and make findings and recommendations in connection therewith; 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. That subsection 18.03.092.060 of the Anaheim Municipal Code provides for the modification of a conditional use permit provided that any such modificatian, including the imposition of any additional conditions thereto, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the conditional use permit. 2. That the request to amend Condition No. 4 to defer the removal of two driveways closest to the intersection and installation of landscaping is hereby denied based on the discussion in paragraph CR3878PK.DOC -1- PC2000-13 ~ ~ (14) of the Staff Report to the Planning Commission dated July 31, 2000, including that closure of the two driveways, as originally required, will immediately benefit the intersection of a primary arterial highway (Magnolia Avenue) and a secondary arterial highway (Orange Avenue) by eliminating two conflict points. 3. That, as discussed in paragraph (18) of the Staff Report, any additional signage on the property was to be subject to review and approval by the Planning Commission as specified in Condition No. 14 of Resolution No. PC99-165, but a recent site inspection showed that additional wall signage had been painted on the building (compared to what is shown on the originally approved exhibits) and, therefore, the applicant is being required to submit sign plans for Planning Commission consideration. 4. That, as discussed in paragraphs (15) and (16) of the Staff Report, landscaping, including trees, shall be installed in the planters being installed in connection with the driveway closures; and that the petitioner shall request and obtain a conditional use permit for the nonconforming billboard on the property. 5. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALfFOIRNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to revise previously-approved plans for an auto repair facility and to amend certain conditions of approval pertaining to closing finro driveways and planting landscaping in connection with an auto rep~ir facility in a former service station building and a billboard on a 0.5 acre property located at the southwest corner of Orange Avenue and Magnolia Avenue, and further described as 601 South Magnolia Avenue (Le's Automobile); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4148 is adequate to senre as the required environmental 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 t'~he 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 City Planning Commission does hereby deny the request to amend Condition No. 4 to defer the closing of two driveways and the installation of landscaping, thereby leaving Condition No. 4 in full force and effect. AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby amend Condition No. 13 of Resolution No. PC99-165, adopted in connection with Conditional Use Permit No. 4148, to read as follows: 13. That within a period of one (1) month from the date of this resolution, plans showing all the existing signage on the property shall be submitted to the Planning Department for review and approval by the Planning Commission as a"Reports and Recommendations" item: AND BE IT FURTHER RESOLVED that the Planning Commission does hereby add the following new conditions of approval: 22. That within a period of six (6) months from the date of this resolution, a conditional use permit shall be obtained for the existing non-conforming billboard. 23. That with a period of two (2) iinonths from the date of this resolution, the existing broken planters shall be refurtbished. -2- PC2000-13 ~ ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 31, 2000. ~%~c~J/~ ~.~z~r.~~ CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: C_~~ SECRETARY, ANA M 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 January 31, 2000, by ~he following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE I WITNESS WHEREOF, I have hereunto set my hand this __~y~_ day of ~~ , 2000. ~ SECRETARY, HEIM CITY PLANNING COMMISSION -3- PC2000-13