Resolution-PC 2002-176~ ~
RESOLUTION NO. PC2002-176
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4097
FOR ONE (1) YEAR TO EXPIRE ON DECEMBER 31, 2003,
AND AMENDING THE CONDITIONS OF APPROVAL IN THEIR ENTIRETY
WHEREAS, on March 23, 1999, the Anaheim City Council did, by its Resolution No. 99R-
61, approve Conditional Use Permit No. 4097 to reinstate an automotive repair facility within an existing
1,056 sq.ft. service station structure at 420 South State College Boulevard; and that Condition No. 24 of
said resolution specifics that the use permit is granted for one year to expire on December 31, 2001; and
WHEREAS, on November 19, 2001, the Anaheim City Planning Commission did, by its
Resolution No. PC2001-166, reinstate and approve Conditional Use Permit No. 4097 to permit the
automotive repair facility within an existing service station structure for one year to expire on December
31,2002; and
WHEREAS, this property is developed with a service station converted to an automotive
repair faciliry (C & M Automotive); that gasoline sales have been discontinued for several years and the
tanks canopy and dispensers have been removed; that the property is zoned CL (Commercial, Limited);
and that the General Plan Land Use designation is Medium Density Residential; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit which
will_ expire on..December 31, 2002, to retain the-autor~otive r-epair faci4i~r ~nder authority af Gode Seetion
18.03.093 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 2, 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 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 proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code in the CL (Commercial, Limited) zone.
2. That the use, as amended, will not adversely affect the adjoining land uses and the ~rowth
and deveiopment of the area in which it is located.
3. That the size and shape of the site for the us, as amended, 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 generai welfare.
4. That the traffic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
5. 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.
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6. 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; and
that the Code Enforcement Division has inspected the premises and determined that the automotive
repair facility is in compliance with afl applicable conditions of approval.
7. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare;
and that there are no Code Enforcement complaints regarding this property.
8. That this use permit is being exercised substantially in the same manner and in
conformance with all conditions and stipulations originally approved by the approval body.
9. That this use permit is being exercised in a manner not detrimental to the particular area
and surrounding land uses, nor to the public peace, health and safety, and general welfare.
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 to reinstate this conditional use permit to retain an
automotive repair facility on property consisting of a rectangularly-shaped 0.4-acre property located at the
northeast corner of Westport Drive and State College Boufevard, having frontages of 131 feet on the
north side of Westport Drive and 110 feet on the east side of State College Boulevard, and further
described as 420 South State College Boulevard (C & M Automotive); and does hereby find that the
Negative Declaraiio.n..previously appro~ed in. coanection witk~ #his Condi~ional Use Per-mit No. 4097 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 and approve Conditional Use Permit No. 4097 for a period of one year until December
31, 2003; and
BE IT FURTHER RESOLVED that that the conditions of approval in Resolution No.
PC2001-166, adopted in connection with Conditional Use Permit Na. 4097, are hereby amended in their
entirety to read as follows:
That this condit9or~a! use permit shall expire on December 31, 2003.
2. That a six (6) foot high masonry block wall shall be maintained along the east property line. A
minimum five (5), one (1) gallon sized, clinging vines shall be maintained on maximum five (5) foot
centers adjacent to said wall to eliminate graffiti opportunities. Said vines shall be properly irrigated
and maintained.
3. 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.
4. That a minimum of six (6), twenty four (24) inch box sized, trees shall be maintained in the
landscaping planter areas along and immediately adjacent to State College Boulevard and Westport
Drive.
5. That all landscaped planters along the east, south and west property lines shall be maintained in
compliance with city standards.
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6. That public telephones are permitted and shall be maintained either inside the building or within
fifteen (15) feet of the entry to the building.
7. That no vending machines shall be permitted.
8. That no window signage shall be permitted
9. That no propane tanks shall be permitted.
10. That no banners or other temporary advertising shall be displayed; and that no special event
permits shall be issued for this automotive repair business.
11. That signage for subject facility shall be limited to that shown on the exhibits submitted by the
petitioner and approved by the Planning Commission. Any additional signage shall be subject to
review and approval by the Planning Commission as a'Reports and Recommendations' item.
12. That the property shall be maintained in conformance with the current versions of Engineering
Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations, as
approved by the Ciry Traffic and Transportation Manager.
13. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
14. That trash. storage area(s)..shall be pr_ovided and maintaiaed in location(s} acceptabl~ to the Publie
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be located and screened so as not to be readily
identifiable to adjacent streets or highways. The walls of the storage area(s) shall be protected from
graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines
planted on maximum three (3) foot centers or tall shrubbery.
15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be maintained
with the Public Works Department, Streets and Sanitation Division.
16. That an on-site trash truck turn-around area in accordance with Engineering Standard Detail No. 610
shall be maintained to the satisfaction of the Public Works Department, Streets and Sanitation
Division.
17. That no outdoor storage shall be permitted on this property.
18. That no overnight storage of inoperable vehicles, other than vehicfes enclosed inside the building,
shaii be permitted on this property.
19. That the outdoor storage of, display of, or work on vehicles or vehicle parts or materials shall be
prohibited.
20. That lighting for this facility shall be maintained in a manner so as not to unreasonably illuminate or
cause glare onto adjacent or nearby streets and/or properties.
21. That no freestanding sign shall be permitted.
22. That subject property shall be maintained 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.
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23. That the subject facility shall be subject to quarterly inspections by the Code Enforcement Division.
The cost of such inspection shall be borne by the operator of the facility.
24. That within a period of two (2) months from the date of this resolution, Condition No. 11, above-
mentioned, shall be complied with.
25. 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
December 2, 2002.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 December 2, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this f~T~day of
vn er , Zoo2.
/ ~~lv,,~.o
SECR~ETARY, AiVAHElIiI~ CiTY ~LANNiNG COMMISSION
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