Resolution-PC 2000-83• •
RESOLUTION NO. PC2000-83
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3843
FOR THREE (3) YEARS, TO EXPIRE JUNE 19, 2003,
AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NOS. PC96-55, PC97-158,
PC98-106, and PC99-89, AS AMENDED AND ADOPTED THEREWITH
(CUP TRACKING NO. 2000-04220)
WHEREAS, on June 10, 1996, the Planning Commission adopted Resolution No. PC96-55
to approve Conditional Use Permit No. 3843 for one (1) year to permit used automobile sales and
automotive vehicle repair with retail sales and installation of accessory automobile parts in a former
gasoline service station on property located at 2600 West Lincoln Avenue (Wheel Service Texaco); and
WHEREAS, on November 10, 1997, the Commission adopted Resolution No. PC97-158 to
approve an extension of time to comply with conditions of approval to expire on June 10, 1998; and
WHEREAS, on July 6, 1998, the Commission adopted Resolution No. PC98-106 to
reinstate this permit with an expiration date of June 10, 1999; and
WHEREAS, on February 17, 1999, the Commission adopted Resolution No. PC99-27 and
denied a request to permit an additional business owner within the existing automobile repair facility
based on concerns about further intensification of a property, which had numerous Code violations and
was not in compliance with conditions of approval; and
WHEREAS, on May 24, 1999, the Commission adopted Resolution No. PC99-89 to
approve a reinstatement of this permit to expire on June 10, 2000; and
WHEREAS, this property is developed with a 1,586 square foot former gasoline service
station building currently utilized for retail tire sales and installation, automobile repair with accessory
sales of parts, and used automobile sales. The property is zoned CL (Commercial, Limited) and is
located within Community Planning Area No. 3. This property is also located within the West Anaheim
Commercial Corridors Redevelopment Area. The Land Use Element Map of the Anaheim General Plan
designates this property for Medium Density Residential land uses; and
WHEREAS, the petitioner requests reinstatement of this permit under the authority of Code
Section No. 18.03.093 by the modification or deletion of a condition of approval pertaining to a time
limitation (originally approved on June 10, 1996, to expire on June 10, 2000) to retain retail tire sales and
installation, automobile repair with accessory sales of parts, and used automobile sales; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 19, 2000, at 11:30 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 b~half, 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 is authorized by
the Zoning Code.
2. That the Code Enforcement Division has inspected the property and determined that
previous Code violations have been eliminated.
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3. That the improved condition of the property and current compliance with conditions of
approval constitute this use as being exercised in a manner which is not detrimental to the public peace,
health, safety and general welfare.
4. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
5. That the tra~c generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
6. That granting this reinstatement, under the conditions imposed, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission.
8. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain retail tire sales and installation, automobile
repair with accessory sales of parts, and used automobile sales on a 0.29-acre irregularly-shaped
property, located at the southwest corner of Lincoln Avenue and Magnolia Avenue, having 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 Service Texaco); and does hereby find that the
Negative Declaration previously approved in connection with Conditional Use Permit No. 3843 is
adequate to serve 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 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 Planning Commission does hereby
reinstate Conditional Use Permit No. 3843 to retain retail tire sales and installation, automobile repair with
accessory sales of parts, and used automobile sales at 2600 West Lincoln Avenue, for three (3) years, to
expire on June 19, 2003; and
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their
entirety, the conditions of approval of Resolution Nos. PC96-55, PC97-158, PC98-106, and PC99-89
adopted in connection with Conditional Use Permit No. 3843 to read as follows:
1. That this permit shall expire three (3) years from the date of this resolution on June 19, 2003.
2. That the parking lot shall be maintained and repaired when necessary to prevent potholes and
uneven surfaces.
3. That no outdoor storage of, display of, or work on vehicles or vehicular parts shatl be permitted, and
that all work on vehicles shall be conducted wholly inside the building.
4. That no banners, pennants or balloans shall be permitted unless a Special Event Permit is first
obtained.
5. That no banners or other advertising shall be displayed within the service bays facing the public
rights-of-way unless a Special Event Permit has first been issued.
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6. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
7. That no inoperable vehicles or parts shall be stored on the premises outside the building.
8. That a maximum of four (4) cars available for sale shall be displayed at any one time.
9. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit No. 1.
10. That the existing wrought-iron fence shall be continuously maintained in good condition.
11. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within finrenty-four (24)
hours from time of occurrence.
12. That signage for this business shall be limited to the existing permitted wall sign.
13. That the applicant shall pay for Code ~Enforcement inspections twice annually.
14. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 19, 2000.
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CFiAIRPE SON, ANAHEIM CI PLANNING COMMISSION
ATTEST:
Q~l~ ~~
SEC TAR ANAHEIM 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 June 19, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS
, 2000.
BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
BOYDSTUN
ARNOLD
WHEREOF, I have hereunto set my hand this `3~ day of
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SEC TARY NAHEIM CITY PLANNING COMMISSION
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