Resolution-PC 2008-96RESOLUTION NO. PC2008-96
A RESOLUTION OF THE ANAHEIM PLANNING COMIvIISSION
APPROVING A CATEGORICAL EXEMPTION SECTION 15301 CLASS 1
(EXISTING FACILITIES), REINSTATING AND APPROVING
CONDITIONAL USE PERNIIT NO. 3843, AND AMENDING
CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION
NO. PC96-55, AS PREVIOUSLY AMENDED
(TRACKIIVG NO. CUP2008-05337)
(2600 WEST LINCOLN AVENT.TE)
WHEREAS, on June 10, 1996, the Anaheim City Planning Commission, did by its
Resolution No. PC96-55 grant Conditional Use Permit No. 3843 to permit a used automobile sales and
automotive repair facility with retail sales and installation of accessory automobile parts in a former
service station at 2600 West Lincoln Avenue; and that Condition No. 2 of said resolution specifies that
the use is approved for a period of one yeaz to expire on June 10, 1997; and
WHEREAS, on November 10, 1997, the Anaheim City Planning Commission, did by its
Resolution No. PC97-158 amend Condition No. 2 of Resolution No. 96-55 to pemvt the use for an
additional year until June 10, 1998; and
WHEREAS, on July 6, 1998, the Anaheim City Planning Commission, did by its
Resolution No. PC98-106 reinstate this permit and amend the conditions of approval, including
Condition No. 2 to specify that the use would expire on June 10, 1999; and
WI-IEREAS, on February 17, 1999, the Anaheim City Planning Commission, did by its
Resolution No. PC99-27 deny a proposed amendment to permit two separate businesses within one
existing automobile sales and repair facility; and
WHEREAS, on May 24, 1999, the Anaheim City Planning Commission, did by its
Resolution No. PC99-89 reinstate this permit and amend the conditions of approval, including
Condition No. 2 to specify that the use would expire on7une 1Q 2000; and
WHEREAS, on June 19, 2000, the Anaheim City Planning Commission, did by its
Resolukion No. PC2000-83 reinstate this permit and amend the conditions of approval, including
Condition No. 1 to specify that the use would expire on June 19, 2003; and
WHEREAS, on June 30, 2003, the Anaheim City Planning Commission, did by its
Resolution No. PC2003-95 reinstate this pernvt and amend the conditions of approval, including
Condition No. 1 to specify that the use would expire on June 19, 2008; and
WHEREAS, said Resolution No. PC2003-95 includes the following condition of
approval:
"1 That this conditional use pernut shall expire on June 19, 2008."
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WHEREAS, this property is cunently developed with a 1,586 squaze foot former station
building currently utilized for retail tire sales and installation, automobile repair with accessory sales of
parts, and used automobile sales, the underlying zoning is General Commercia] (GG); the Anaheim
General Plan designates this property for General Commercial land uses; and "
WfIEREAS, the Anaheim Planning Commission did receive a verified Petition for
Reinstatement of Conditional Use Permit No. 3843 to modify or delete a condition of approval
pertaining to a time limitation to retain a previously-approved used automobile sales and automotive
repair facility with retail sales and installation of accessory automobile parts in a former service station
facility pursuant to Code Section No. 18.60.180 of the Anaheim Municipal Code for certain real
property situated in the City of Anaheim County of Orange, State of California, shown on Exhibit "A",
attached hereto and incorporated herein by this reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 29, 2008, at 230 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 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. The facts necessary to support each and every finding for the original approval of the
entitlement as set forth in this chapter exist.
2. The permit is being exercised substantially in the same manner and in conformance
with all conditions and stipulations originally approved.
3. The pemvt is being exercised in a manner not detrimental to the particulaz area and
surrounding land uses, nor to the public peace, health, safety and general welfare.
4. With regazd only to the deletion of a time limitation, such deletion is appropriate
because it has been demonstrated that the use has operated in a manner that is appropriate in the
underlying zone and the surrounding area, and the periodic review of the use is no ]onger necessary.
5. That the existing use at the time of approval was properly one for which a conditional
use permit was authorized by the Zoning Code.
6. That the use, as reinstated and amended, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located.
7. That the size and shape of the site for the existing use is adequate to allow the full
development of the use, in a manner not detrimental to either the particulaz area or health and safety.
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8. That the traffic generated by the existing use will not impose an undue burden upon the
streets and highways designed and improved to cany the traffic in the azea because the facility is
unmanned.
9. That the granting of the reinstatement of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim.
10. That no one indicated their presence at said public hearing in opposition; and that no
conespondence was received in opposition to the subject petition.
NOW, THEREFORE, BE TT RESOLVED, 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 prepaze additional
environmental documentation.
BE TI' PURTHER RESOLVED that the Anaheim City Planning Commission, for the
reasons hereinabove stated does hereby reinstate Conditional Use Permit No. 3843 to permit a used
automobile sales and automorive repair facility with retail sales and installation of accessory
automobile parts in a former service station facility on property located at 2600 West Lincoln Avenue.
BE TT FURTHER RESOLVED that the Planning Commission does hereby approve an
amendment to CondiUonal Use Pernut No. 3843 to amend, in its entirety, the conditions of approval
adopted in connection with Resolution No. 2003-95, as amended, to delete the time limitation as
described in Exhibit "B" attached hereto and incorporated herein by this reference 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.
BE IT F[JRTI~ER RESOLVED, except as otherwise amended herein, Resolution No.
PC2003-95 remains in full force and effect.
BE IT FCTRTI-~R RESOLVED, that this pernait is approved without limitations on the
hours of operation or duration of the use. Amendments, modifications and revocations of this permit
may be processed in accordance with Chapters 18.60190 (Amendment to Permit Approval) and
18.60.200 (City-Initiated Revocation or Modification of Pernvts) of the Anaheim Municipal Code.
BE TT 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 declazed invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resoludon, and any approvals herein contained, shal] be deemed null and void.
BE IT FLTRTHER R~SOLVED that the applicanC is responsible for paying all chazges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 29, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
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"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.
ATTEST:
CHAII2MA AN G COMNIISSION
SENIOR`5`ECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIF012NIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 September 29, 2008, by the following vote of the members thereof:
AYES: COMNIISSIONERS
NOES: COMI~~IISSIONERS
ABSTAINED: CONIMISSIONERS
ABSENT: COMIvIISSIONERS
BUFFA, FAESSEL, KARAHI, ROMERO
NONE
EASTMAN
AGARWAL, RAMIIZEZ
IN WITNESS WI-IEREOF, I have hereunto set my hand this 13`h day of
October, 2008.
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?TARY, ANAF3EIM PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERNIIT NO. 3843
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 3843
RESPONSIBLE
FOR
N0. CONAITIONS OF APPROVAL MONITORING
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1 That the parking lot shall be properly maintained and repaired when Code Enforcement
necessary to prevent potholes and uneven surfaces and to ensure that
parking spaces aze properly marked.
2 That no outdoor storage of, display of, or work on vehicles or vehicle Code Enforcement
parts shall be pernutted. All work on vehicles shall be conducted wholly
inside the building.
3 That no banners, pennants, or balloons shall be permitted unless a Code Enforcement
Special Event Pemvt is first obtained from the Planning Department.
4 ' That no banners or other advertising shall be displayed within the Code Enforcement
service bays facing the public rights-of-way unless a Special ~vent
Pernut has first been obtained from the Planning Department.
5 '~'hat any tree planted on-site shall be replaced in a timely manner in the Code Enforcement
event that it is removed, damaged, diseased, and/or dies.
6 That no inoperable vehicles or vehicle parts shall be stored on the Code Enforcement
premises outside the building.
7 That a ma~cimum of four (4) automobiles available for sale may be Code Enforcement
displayed at any one time.
8 That the existing wrought iron fencing shall be continuously maintained Code Enforcement
in good condition.
9 That the property shall be permanently maintained in an orderly fashion Code Enforcement
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.
10 That the signage for this business shall be limited to the existing Code Enforcement
pertnitted wall sign.
11 That subject property shall be developed substanUally in accordance Planning
with plans and specifications submitted ro the City of Anaheim by the
petitioner and which plans aze on file with the Planning Department
marked Exhibit No. 1 and as conditioned herein.
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RESPONSIBLE
FOR ._.
NO. CONDITIONS OF APPROVAL MONITORING
12 That approval of Chis application consCitutes approval of the proposed Planning
request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal
regulations. Approva] does not include any action or findings as to
compliance or approval of the request regazding any other applicable
ordinance, regulation or requirement.
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