Resolution-PC 2005-24~ ~ f
.RESOLUTION NO, PC2005-24
: A RESOLUTION OE THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04949 BE GRANTED
(1695 WEST LINCOLN AVENUE) :
WHEREAS, the Anaheim Planning Commission did receive a ve~ified Petition for Conditional
Use Permit for certain real'property situated in the City of Anaheim, County of Orange, State of California,
described as
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION NINE, TOWNSHIP 4
SOUTH, RANGE 1O WEST; SAN 'BERNARDINO BASE AND` MERIDIAN, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE C1TY OF ANAHEIM, COUNTY OF "
ORANGE, AS SAID SECTION IS SHOWN ON THE MAP RECORDED IN BOOK 51,
PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS
_ FOLLOWS:
COMMENCING 'AT THE SOUTHWEST CORNER OF SAID SECTION 9; THENCE
NORTH 89°14'25" EAST ALONG THE SOUTH LINE OF SAID SECTION 85.00 FEET;
THENCE NORTH O°45'35" WEST 30.00 FEET; THENCE NORTH 16°43'13" EAST 13.05
FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN PARCEL 2 IN
THE DEED TO THE STATE OF CALIFORNIA, RECORDED iN BOOK 3414, PAGE 69,
OFFICIAL RECORDS, AND THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF
THE LAND HEREIN DESCRIBED; THENCE NORTH 57°33'50" EAST ALONG ' THE
NORTHERLY BOUNDARY OF SAID LAND, 146.00 FEET; THENCE NORTH 0°45'35"
WEST 201.38 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN PARCEL
1 OF SAID DEED TO THE SATE OF CALIFORNIA THENCE SOUTHWESTERLY, ALONG
SAID SOUTHERLY LINE, SOUTH 65°16'49" WEST 83.85 FEET AND SOUTH 46°1517"
WEST 29.61 FEET TO THE MOST SOUTHERLY CORNER THEREOF; THENCE,
LEAVING SAID SOUTHERLY LINE, SOUTH 16°43'13" WEST 158.65 TO THE TRUE
POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on February 7, 2005, at 2:00 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
"Procedures", 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 the following facts:
1. That the proposed use of the property for the installation of automobile tires and wheels is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section
18.08.030.040.
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located;
3. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the health and
safety as the site has sufficient access and parking to serve the proposed use;
4. 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; and
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5. That the granting of the conditional use permit under the conditions imposed, if any,'will not
be detrimental to 4he health and safety of the citizens of the City of Anaheim.
8. That no one`indicated their presence at said public hearing in opposition; and that no
correspondence was receiVed in opposition to the subject petition. -
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Commission by
motion, has determined that the proposed project falls within the definition of Categorical Exemptions,
Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore,
exempt from the requirement to prepare additional environmental documentation,
NOW, THEREFORE, BE IT RESOLVED thaf the Anaheim 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
- health and safety of the Citizens of the City of Anaheim:
1. That this permit shall expire two (2) years from the date of this resolution on February 7, 2007.
2. That a valid business license shall be obtained from the City of Anaheim, Business License Division.
3. This use shall be Jimited to the sales and installation of automobile wheels and tires.
4. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time
of occurrence.
5. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the eventthat
it is removed, damaged, diseased and/or dead.
6. That customer parking spaces sha11 be striped and clearly marked for "customer parking only", and.at
no time shall customer vehicles be stacked, double parked, or left standing in tandem in front of, or
adjacent to the buildings.
7. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material. The numbers shall not be visible from the view of the street or adjacent properties. Said
information shall be specifically shown on plans submitted for Police Department, Community Services
Division approval.
8. That no amplified sound systems shall be utilized outside the building.
9. That the storage or overnight parking of vehicles, vehicle parts, or business-related materials and sll
work on vehicles shall be confined entirely to the interior of the buildings. Absolutely no vehicular body
work, painting or other business-related activities, or storage of vehicles, vehicle parts or materials
shall be allowed in the front or rear yard areas, or on the roof of the building.
10. That no outdoor special events shall be permitted unless a special event permit is obtained from the
Planning Department.
11. That a double trash enclosure shall be provided and maintained in a location acceptable to the Public
Works Department and in accordance with approved plans on flle with said Department.
12. That a plan for solid waste storage, collection and a plan for recycling shall be submitted to the Public
Works Department for review and approval.
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13, That an on-site trash truck turnaround shail be'provided per Engineering Standard Detail No. 610.
Said information shall be specifically shown on plans submitted to the Public Works Department for
review and approvaL
14. That the applicant shaU complete and submit a wriften Solid Waste Management Plan to the Public
Works Department for review and approvaL
15. That window signage exceeding ten (10%) percent of the window area shaU not be permitted.
16. That subject property shall be developed and 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 and 2, and as conditioned herein.
17. That the business shall be subject to Code Enforcement Division inspections at a frequency of every
six (6) months (twice;annually) for the duration of this permit The cost of said inspections shall be
paid for by the business owner.
18. Thatwithin sixty (60) days from the date of this resolution, Condition Nos. 2, 6, 7, 11, 12, 13, 14, 15 '
and 16; above-mentioned,'shall be complied with. Extensions for further time to complete said
conditions maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
19. 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 inc4ude 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 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 lT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 7 days of the issuance of the final invoice or
prior to the commencement of the activity authorized by this resolution, or prior to issuance of building
permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the -
issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, '
"Procedures" of the Anaheim Municipal Code pertaining to appeal proc es and may be placed by a City
Council Resolution in the event of an appeaL .
CHAI AN, ANAHEIM ANNING COMMISSION
ATTEST:
</L-~~ -~_ /~~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
i ~
STATE-0F CALIFORNIA )
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 February 7, 2005, by the foffowing vote of the members thereof:
AYES; COMMISSIONERS: BUFFA; EASTMAN, FLORES,'PEREZ, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
VACANT: COMMISSIONERS: ONE VACANGY
IN WITNESS WHEREOF, l have hereuntoset my hand this ~ tlay of
, 2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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