Resolution-PC 2001-8•
RESOLUTION NO. PC2001-8
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3545, IN PART,
FOR TEN (10) YEARS TO EXPIRE ON AUGUST 29, 2010
(CUP Tracking No. 2001-04303)
WHEREAS, on September 21, 1992 the Planning Commission adopted Resolution No.
PC92-113 to grant Conditional Use Permit No. 3545 and permit the outdoor installation of auto alarms
and stereos and a batting cage in conjunction with an existing retail center (Anaheim Indoor Marketplace)
at 1440 S. Anaheim Boulevard with waiver of outdoor uses; that on December 1, 1993 the Planning
Commission adopted Resolution No. PC93-129 to approve an extension of time for the uses to expire
September 21, 1994; that on October 3, 1994, the Planning Commission adopted Resolution No. PC94-
132 to add window tinting and tire rim installation to the previously approved uses for a period of one year
to expire September 21, 1995; that on August 7, 1995 the Planning Commission adopted Resolution No.
PC95-94 to approve an extension of time for the uses to expire September 21, 1998; and that on
September 14, 1998 the Planning Commission adopted Resolution No. PC98-146 to reinstate the uses
for three years to expire April 22, 2001 and to add new conditions; and
WHEREAS, this property is developed with a 133,200 square foot former
commercial/industrial building which has been modified for use as an indoor swap meet facility with
accessory outdoor uses (Anaheim Indoor Marketplace); that the property is located in Sub Area 2 of the
South Anaheim Boulevard ~orridor of the Anaheim Commercial/Industrial Redevelopment Prolect Area;
that the property is zoned CL(SABC) (Commercial, Limited- South Anaheim Boulevard Corridor Overlay);
and that the Land Use Element Map of the Anaheim General Plan designates this property for General
Commercial land uses; and
WHEREAS, the petitioner has requested reinstatement of Conditional Use Permit No. 3545
(which will expire on April 22, 2001) under authority of Code Section 18.03.093 of the Anaheim Municipal
Code in order to retain the outdoor installation of auto alarms and stereos, window tinting, tire rims, auto
accessories, upholstery, and auto detailing in conjunction with the existing indoor swap meet.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 17, 2001, 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 the uses proposed to be reinstated are properly ones for which a conditional use
permit is authorized by the Zoning Code.
2. That this conditional use permit is hereby reinstated, in part, to retain the outdoor
installation of auto alarms and stereos, window tinting, tire rims, auto accessories, upholstery, and auto
detailing in conjunction with the existing indoor swap meet, but that the storage of plant materials and the
batting cages are hereby denied because said uses no longer exist and the petitioner has not proposed
retaining said uses.
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3. That reinstating this conditional use permit, as conditioned herein, for an additional period
of time will not adversely affect the adjoining land uses and the growth and development of the area in
which it is located because no changes have occurred to the approved uses which contradict the original
~ndings for approval. ~~
4. That this use permit, as conditioned herein, is reinstated on the basis that this permit has
been exercised substantially in the same manner and in conformance with all conditions and stipulations
originally approved by the Commission in 1992, and as subsequently reinstated; that there are no
outstanding Code Enforcement complaints or violations for these auto-related uses; and that this use
permit has been exercised in a manner which is not detrimental to the surrounding land uses, nor to the
public peace, health, safety and general welfare because this use is located adjacent to industrial uses
and is adequately concealed from the public's view by solid-screen fencing material.
5. That the size and shape of the site for the uses, as reinstated, is adequate to allow full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
6. That the traffic generated by the uses, as reinstated, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
7. That reinstating this conditional use permit, as conditioned herein, will not be detrimental to
the particular area and surrounding land uses, nor to the public peace, health, safery and general welfare
of the citizens of the City of Anaheim. .
8. 'fha~ ~his co~di~io~al use permEt is being exercised in substa~tially ~he same mar-r~eF a~d-in
conformance with all conditions and stipulations originally approved by the Planning Commission.
9. That the uses, as reinstated, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
10. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 3545 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 Anaheim City Planning Commission does
hereby reinstate Conditional Use Permit No. 3545 to permit the outdoor installation of auto alarms and
stereos, window tinting, tire rims, auto accessories, upholstery, and auto detailing in conjunction with the
existing indoor swap meet for a period of (10) ten years to expire on August 29, 2010; and
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval of Resolution No. PC92-113 adopted in connection with
Conditional Use Permit No. 3545, as amended, to read as follows:
1. That this conditional use permit shall expire on August 29, 2010, concurrently with Conditional Use
Permit No. 3400 (which permits the Anaheim Indoor Marketplace).
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2. That the outdoor uses shall be limited to installation of auto alarms, stereos, window tinting, tire
rims, auto accessories, upholstery and auto detailing; and that at no time shall the mechanical
repair of vehicles or paint and/or body work be permitted.
That the outdoor installation activities shall be screened from view at all times, to the satisfaction of
the Planning Department.
4. That there shall be no outdoor storage of tools and/or equipment related to the outdoor installation
operations, unless specifically approved by the Planning Department.
That the property owner shall pay the cost of code enforcement inspections to maintain compliance
with State and local statutes, ordinances, laws, or regulations, as deemed necessary by the City of
Anaheim Code Enforcement Division.
6. That no inoperable vehicles or parts shall be stored on the premises outside the building.
7. That the outdoor storage of tires shall be prohibited and all used tires shall be disposed of properly.
8. That the existing screen fence to the west of the outdoor uses shall be maintained with interwoven
PVC slats and "scrim" shall be maintained on the back side of the fence to screen the existing work
area from the public's view.
9. That the outdoor installation uses shall be limited to Wednesday through Monday, 10:00 a.m. to
7:00 p. m.
10. That the 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 Nos. 1 and 2, and as conditioned herein.
11. 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
January 17, 2001.
CHAIRPERSOPV, AN'AWEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 17, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, KOOS, NAPOLES
NOES: COMMISSIONERS: VANDERBILT
ABSENT: COMMISSIONERS: ARNOLD
ABSTAINED: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~ 3 day of
, 2001.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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