Resolution-PC 2002-13•
•
RESOLUTION NO. PC2002-13
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. 2000R-57 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 4148
WHEREAS, on September 13, 1999, the Anaheim City Planning Commission adopted
Resolution No. PC99-165 to grant Conditional Use Permit No. 4148 to permit and retain an existing auto
repair facility in a former gasoline senrice station; that on January 31, 2000, the Commission denied a
request to revise plans and amend or delete a condition of approval and added two conditions (Nos. 22
and 23 of Resolution No. 2000-13); that said denial was appealed to the City Council and on March 21,
2000, the Council adopted Resolution No. 2000R-57 granting the petitioner 6 months to install
landscaping and to close driveways; that on April 11, 2000, the City Council denied a request for
rehearing of this item.
WHEREAS, the Anaheirn City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 28, 2002 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 the request to delete a condition of
approval pertaining to a requirement to obtain a conditional use permit for an existing non-conforming
billboard and to either waive provisions of the Zoning Code, including a provision prohibiting any new use
on the property while a nonconforming use exists, or impose a new condition requiring the removal of the
nonconforming billboard and the payment of compensation by the City pursuant to Business and
Professions Code Section 5412.6, a~d to inves~igate a~d make ~i~dings 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 proposed use is properly one for which a conditional use permit is authorized
by Anaheim Municipal Code Sections 18.03.030 and 18.44.050.085 with waivers of the following:
(a) SECTION NOS. 18.02.058.014
AND 18.03.030
(b) SECTION NOS. 18.05.050
AND 18.44.050.090
Nonconforming Structures and Uses - General.
(Conditional Use Permit required to retain billboard; No
Conditional Use Permit proposed).
Nonconforming Signs and Billboards - General.
(Conditional use permit required; No conditional use
permit proposed).
2. That said waivers are necessary to permit the reasonable operation of this permit as
mandated by a court order issued by the Orange County Superior Court dated November 30, 2001;
3. That the permit as previously-granted 'os 9n violation of applicable statue and law;
4. That such deletion of Condition No. 22 of Resolution No. 2000R-57 (pertaining to a
requirement to obtain a conditional use permit for an existing non-conforming billboard) is necessary to
permit the operation of this use permit as mandated by a court order issued by the Orange County
Superior Court dated November 30, 2001; and
5. That one person spoke in opposition at said public hearing; and that no correspondence
was received in opposition to the subject petition.
(Tracking No. 2002-04509) 1 PC2002-13
CR5286DM.doc
• •
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to delete a condition of approval pertaining to a
requirement to obtain a conditional use permit for an existing non-conforming billboard and to either waive
provisions of the Zoning Code, including a provision prohibiting any new use on the property while a
nonconforming use exists, or imposing a new condition requiring the removal of the nonconforming
billboard and the payment of compensation by the City pursuant to Business and Professions Code
Section 5412.6. on a rectangufarly-shaped, 0.46-acre property located at the southwest corner of Orange
Avenue and Magnolia Avenue (601 South Magnolia Avenue - Le's Automobile); and does hereby
approve the Negative Declaration previously approved in connection with this request upon finding that
the declaration reflects the independent judgment of the lead agency and that it has considered the
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 grant subject Petition for amendment to Conditional Use Permit No. 4128 (Tracking No.
CUP2002-04509), and hereby incorporates the conditions of approval contained in Resolution Nos.
PC99-165, PC2000-13 and 2000R-57 into a new resolution which includes the following conditions of
approval 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:
1. That this Eonditional Use Perrnit No. 4148-shall expire on September 13, 2004.
2. That within a period of (6) months from the date of this resolution, 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.
3. That one (1), minimum fifteen (15) gallon size tree shall be planted for every finrenty (20) feet of
planter length in the existing landscape planers along Orange and Magnolia Avenues. Landscape
plans showing the type of tree proposed shall be submitted to the Planning Department for review
within sixty (60) days of the date of this resolution. Said landscaping shall be planted within six
months of the date of this resolution.
4. That the trash storage area(s) shall be maintained to the satisfaction of the Public Works
Department, Streets and Sanitation Division, to comply with approved plans on file with said
Department.
5. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and
602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
6. That no "compacY' sized parking spaces shall be permitted.
7. That within 30 days from the date of this resolution the owner of subject property shall submit a letter
to the Zoning Division requesting termination of Conditional Use Permit No. 2410 (to retain a
convenience market at an existing service station).
8. That within a period of one (1) month from the date of this resolution, plans showing all the existing
signage (except for the billboard) on the property shall be submitted to the Planning Department
for review and approval by the Planning Commission as a"Reports and Recommendations" item.
Tracking No. 2002-04509) 2 PC2002-13
CR5286DM.doc
•
9. That the hours of operation shall be limited to the following:
Monday through Friday: 8:00 a.m. to 6:00 p.m.
Saturday: 8:00 a.m. to 5:00 p.m.
Sunday: Closed
•
10. That no outdoor storage of, display of, or work on vehicles or vehicular parts shall be permitted; and
that no other outdoor use, including storage, shall be permitted. Any existing outdoor storage shall
be removed including the oil drums and display rack.
11. That no vending machines which are visible to the public rights-of-way shall be permitted
12. 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.
13. That window signage shall not exceed ten percent (10%) of the window area. Any existing signage
in excess of ten percent (10%) shall be removed.
14. That the existing building wall signage shall be modified to remove the words "mini-marY' 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.
15. That no banners or other advertising shall be displayed within the service bays facing Orange
Avenue or Magnolia Avenue unless a Special Event Permit is first obtained to authorize such
display.
16. That any on-site public telephone shall be located inside the building. All existing telephones located
outside the building shall be relocated to comply with this requirement.
17. That no "for sale" vehicles shall be displayed.
18. That the snack shop, as depicted on Exhibit No. 2, shall not sell nor serve hot food or fountain
drinks.
19. 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; and
20. 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 o#her applicable ordinan~~, r~gulation or requirement.
BE iT FURTHER RESOLVED that the Anaheim ~ity 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.
Tracking No. 2002-04509) 3 PC2002-13
CR5286DM.doc
~ ~
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 28, 2002.
~ ~ ~ ~~~
CHAIRP ~ ON, ANAHEIM~C PLANNING COMMISSION
ATT'EST:
~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 January 28, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
~I T!-
IN WITNESS- WHERE~F, -l haue hereunto set my hand this / day of
e ~r a , 2002.
~~~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
Tracking No. 2002-04509) 4 PC2002-13
CR5286DM.doc