Resolution-PC 2001-94•
RESOLUTION NO. PC2001-94
•
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THIAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04383 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL A:
PARCEL 7, AS SHOWN ON A MAP FILED IN BOOK 123, PAGES 46 AND 47 OF
~ARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City o~fAnaheim on July 16, 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 conditional use permit and to investigate
and make findings and recommendations in connection therewith; that said hearing was continued from
the July 2, 2Q01 Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by
i~self anet in i~s beha{f, a~d after due Eonsideration o#-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
Anaheim Municipal Code Section No. 18.110.100.050.0505 to permit the retail sales and installation of
automobile parts and accessories.
2. That the proposed use, located at 2991 East White Star Avenue, is a conditional use in
Development Area 5(Commercial Area) of the Northeast Area Specific Plan No. 94-1.
3~. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
4. That the size and shape of the site for the proposed use is adequate to allow full
developme~t of the proposal in a manner not detrimental to the particular area nor to the peace, healfh,
safety and general welfare.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
~. Tt,at gr~ntin~ of this conditional use permit, under the conditions imposed, will not be
detrimental to~ the peace, health, safety and general welfare of the citizens of the City of Anaheim.
r. 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: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR)
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
CR5135PK.doc -1- PC2001-94
•
•
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That the trash storage areas used by this business shall be refurbished (including the replacement
or installation of gates) to the satisfaction of the Public Works Department, Streets and Sanitation
Division, to comply with approved plans on file with said Department. Said information shall be
specifically shown on plans submitted for building permits.
2. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
3. That all existing mature landscaping shall be maintained and immediately replaced in the event that
it becomes diseased or dies.
4. That signage for subject facility shall be limited to the wall signs shown on the exhibits approved by
the Planning Commission. Any additional signage shall be subject to approval by the Planning
Commission as a"Reports and Recommendations" item.
5. That no banners or other outdoor advertising shall be permitted for this business.
6. That the activities authorized by this use permit shall be limited to the sale and installation of
a~atomotive accessory parts; and-that-commercial automotive repair or maintenance work shall not
be permitted.
7. That the storage or overnight parking of vehicles, vehicle parts, or business-related materials, and
all work on vehicles (including the washing of vehicles) shall be confined entirely to the interior of
the buildings. Absolutely no vehicular work, painting or other business-related activities, storage or
display of vehicles, vehicle parts or materials shall be permitted outdoors.
8. That a valid business license shall be obtained from the Business License Division of the City of
Anaheim Finance Department.
9. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the streets or adjacent
properties. Said information shall be specifically shown on the plans submitted for building permits.
10. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 3628 (to permit a church with waiver of minimum number
of parking spaces at 2995 East White Star Avenue, Unit B).
11. That, if required by the Public Utilities Department, the legal property owner shall provide the City of
qr,ahpim with ~ ou~lic utility easement. Said easement shall be submitted to the City prior to
connection of electrical service.
12. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscaping and/or hardscape screening shall be required for all pad-mounted equipment.
13. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
14. 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 Nos. 1, 2 and 3; and as conditioned herein.
-2- PC2001-94
•
.
15. That prior commencing operation of the business herein approved, or prior to issuance of a building
permit, or within a period of one (1) year from the date of this resolution, whichever occurs first,
Condition Nos. 1, 8, 9, 10 and 11, above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
16. That prior to commencing operation of the business herein approved or prior to final building and
zoning inspections, whichever occurs first, Condition No. 14, above-mentioned, shall be complied
with.
17. 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
July 16, 2001.
ATTEST:
THE FOREGOING RESOLUTION was adopted at the Pl~ning Cgqnmission meeting of
CHAIRPERSON,
~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
PCANNING COMMISSION
I, Eleanor Fernandes, 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 July 16, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ng~~n;T; rnnnnnic~ipNFRS: yACAN~Y
~. ..~...... ........
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ S J day of
~ , 2001.
~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2001-94