Resolution-PC 2005-152~ • .
RESOLUTION NO. FC2005-152
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMtT NO. 4023 AND '
AMENDING CERTAIN CONDITONS OF APPROVAL OF RESOLUTION NO. PC200p-63,
ADOPTED IN CONJUNCTION THEREWITH
(837 EAST ORANGETHORPE AVENUE) '
WHEREAS, on May 22, 2000, the Anaheim Planning Commission; byResolution Na
PC2000-63 approved Conditional Use Permit No. 4023 to retain a tire sales, repair and
installation facility at 837 East Orangethorpe Avenue; and
WHEREAS, said Resolution Na PC2000-63 includes the following condition of approval:
"3. That this conditional use permit is hereby granted to expire on'May 22, 2005."
WHEREAS, the property is currently developed with a multi-tenant industrial building and is
zoned l(Industrial) and the Anaheim General Plan designates this property for General lndustrialland ~
uses, and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reinstatement
of Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange,
State of California, described as`.
LOT 15 OF TRACT N0. 4703, IN THE CITY OF ANAHEIM; COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED lN BOOK 169, PAGES 25 AND 26
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY.
WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain a
3,000 square foot tire sales, repair and installation facility and modification to condition no. 3 of Resolution No.
PC2000-63 pertaining to a time limit pursuant to Code Section 18.60 of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did conduct a public hearing at the Civic Center in the
City of Anaheim on November 14, 2005, at 2:30 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 18.60, to hear
and consider evidence for and against said proposed conditional use permit 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 fhe following facts:
1. That the applicanYs proposal to retain a 3,000 square foot tire sales, repair and installation
facility is authorized by Anaheim Municipal Code Sections No. 18.08.030.040.0403
2. That the proposed reinstatement of the 3,000 square foot tire sales, repair and installation
facility would not adversely affect the adjoining land uses and the growth and development of the area in which
it is current{y located.
3. That the facts necessary to support each and every required showing for the original approval of
the entitlement exist; and that an inspection conducted by the Communify Preservation Division of the Planning
Department revealed that all conditions of approval have been complied with.
4. 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 health and safety.
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Tracking No. CUP2005-05036 ,
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5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALI~ORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission
has.reviewed the proposal to reinstate this permit by the modification or deletion of a condition of approval
pertaining to a time limitation (approved on May 22, 2000 to expire on May 22,`2005) to retain a 3,000 square
foot #ire sales, repair and installation facility; and does hereby find that the Negative Declaration previously
approved in connection with Conditional Use Permit No 4023 is adequate to serve as the required
environmental documentation in connection with this request upon finding that the declaration reflects the
independent judgmenf of the lead agency and that it has considered the Negative Declaration together with any
comments received during thepublic 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 fiave a significant effect on the
environment.
' NOW, THEREFORE, BE IT RESOLVED that the Anaheim Flanning Commission does herby approve
the reinstatement of this permit and further, incorporates fhe conditions of approval contained in Resolution Na
PC2000-63 into a new resolution with the following conditions of approvaL•
1. That this conditional use permit shall expire on May22, 2010.
. , p p, y y g Commission:
2. That the busmess shall o erate as follows unless s ecificall modified b#he Plannin
Type of business: Tire sales, repair and installation; brake repair and instaNation; and wheel '
alignments
Business hours: 7:30 a.m. to 7:00 p.m. daily
Number of employees: maximum three (3) employees at any one (1) time
' 3. That no outdoor storage of, display of, or work on vehicles or vehicular parts, incfuding tires, shall be
permitted.
4. That all existing landscaping shall be maintained in conformance with landscaping plans approved in
conjunction with Conditional Use Permit No. 4023. Any dead or diseased plants or trees shall be replaced
in a timely manner.
5. That signs shall be limited to those permitted in conjunction with"Conditional Use Permit No. 4023. Any
proposed new signs shall be submitted to the Planning Services Division for review by the Planning
Commission as a`Report and Recommendations"'item.
6. That no vending machines shall be placed outside the building.
7. That no window signs shall be permitted.
8. That no public telephones shall be placed outside the building.
9. That no banners or other advertising shall be displayed within the service bays facing the public rights-of-
way unless a Special Event Permit is first obtained to authorize said display.
10. 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 Development Services Division
of the Planning Department marked Exhibit No. 1, 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.
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BE IT RESOLVED that the Anaheim 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.
BE 1T FURTHER RESOLVED that the applicant is responsible #or paying all charges related to
the processing`of this discretionary case application within 15 days of the issuance of the final invoice prior to
issuance of a building permit or prior to commencement of the activity, whichever occurs first. Failure to pay all
charges shall result in the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Gommission meeting:of
November 14, 2005.' Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" '
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal. /
CHAIR AN,AN HEIM LANNING COMMISSION
ATTEST:
, _
SENIOR SECRETARY, AfVAHEIM PLANNING COMM{SSION "
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
November 14, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, KARAKI, PEREZ; ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
" ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of /1~OVeN'1~.Gl,
2005.
.
S NIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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